H 


BANCROFT    LIBRARY 


£ONSTIWTI 


OF  THE 


STATE  OF  UTAH 


AS  FRAMED  BY  THE 


CONSTITUTIONAL  CONVENTION 


IN 


SALT  LAKE  CITY,  UTAH, 


From  March  4th,  to  May  8th,   1895. 


Published  by  Authority  of  the  Convention 
under  the  Supervision  of 

HON.  RICHARD  G.  LAMBERT, 
Chairman  of  Committee  on  Printing. 


SALT  LAKE  CITY: 
TRIBUNE  JOB  PRINTING  COMPANY. 

1895. 


NAME  WAS  GIVEN  TO  UTAH 
BY  FIRST  EXPLORER,  PRIEST 


Father    Kscnlnntc     Started    to    Blaze 

Trail     From     fcanta     Fe     to 

California  Missions 

(From   the   Salt   Lake   Tribune) 

Fray  Silvestre  Velez  de  Escalante. 
Fray  Francisco  Atanasio  Domlngut-z 
and  seven  others  —  men-at-arms,  guides 
>  and  civilians  —  started  yesterday  morning1 
from  the  Franciscan  mission  at  Santa 
Fe  to  blaze  a  trail  to  Monterey  and  the 
California  missions.  Last  night  the 
party  had  completed  nine  leagues  and 
camped  at  Santa  Clara. 

But  all  this  was  150  years  ago  —  July 
29,  1776—  when  the  history  of  Utah,  in  so 
far  as  the  mind  of  man  is  concerned  was 
unmade. 

Father  Escalante's  famous  Journey 
was  the  discovery  of  Utah,  and  the  first 
use  of  the  word  "Utah"  in  the  history 
of  man  was  made  by  the  intrepid  priest- 
explorer'  in  his  lucid  description  of  "is 
journey  northward  as  far  as  the  shores 
of  the  present  Utah  Lake.  He  adapted 
the  Indian  name  both  for  Utah  Valley 
and  for  its  guardian  sentinel.  Mount 
Timpanogos,  when  lie  named  the  Utah 
Lake  region  "the  valley  and  lake  of  Our 
Lady  of  Mercy  of  Timpagtiz,  or  Timpa- 
nogotzis."  Mount  Timpanogos  was 
thought  to  be  a  peak  of  the  Sierras  then. 

After  reaching  the  shores  of  Utah 
Lake  Sept.  23,  1776,  the  party  learned  of 
Great  Salt  Lake,  described  by  the  In- 
dians as  "very  harmful  and  very  salty." 
Father  Escalante  did  not  go  to  the 
shores  of  Great  Salt  Lake,  but  aban- 
doned his  search^  for  a  new  trail  to  Cali- 
fornia and  turned  southward.  The  route 
of  the  party  on  the  return  to  Sante  Fe 
incluled  Southern  Utah's  wonderland, 
the  site  of  Cedar  City  and  the  Rio  Virgin, 

Father  Escalante's  famous  trip  to 
Utah  was  completed  Jan.  2,  1777,  when 
the  party  reached  Sante  Fe.  His  journal, 
now  preserved  in  the  royal  archives  of 
Spain  at  Seville,,  details  the  climate  of 
the  country  of  the  "Utahs,"  the  general 
name  of  the  Indian  tribes,  and  the  pos- 
sibilities for  future  development. 


WJSERE     TRAIN  Kl>     MEN     ARK 


HON.  RICHARD  G.  LAMBERT. 


LAMBERT    PAPER    CO:, 
23  WEST  FIRST  SOUTH  STREET, 
SALT  LAKE  CITY. 


To  the  People  of  Utah: 

The  Convention  assembled  to  frame  a  Constitution  for  the 
proposed  State  of  Utah,  after  two  months  of  earnest  effort,  pre- 
sent the  result  of  their  labors  for  the  consideration  of  the 
people  of  this  Territory. 

The  ruling  thought  that  actuated  the  Convention,  from 
opening  to  close,  was  that  under  the  direction  and  mandates  of 
the  Enabling  Act,  a  Constitution  must  be  framed  that  would 
secure  to  the  people  of  Utah  a  wise,  just  and  economical  State 
government. 

In  this  we  believe  we  have  succeeded,  and  we  confidently 
submit  to  our  fellow  citizens  the  fruit  of  our  deliberations, 
knowing  that  they  will  bear  in  mind  the  impossibility  of  our 
presenting  any  instrument  that  would  not  contain  imperfec- 
tions, inasmuch  as  the  more  than  one  hundred  delegates  who 
constructed  it  came  together  understanding  little  of  each  other, 
all  more  or  less  influenced  by  local  ideas,  and  by  impressions 
which  the  peculiar  situation  of  this  Territory  for  years  past 
could  not  help  but  create  and  intensify.  Nevertheless,  it  has 
been  gratifying  to  note  that  there  has  been  less  partisan  feel- 
ing and  more  unselfish  unanimity  of  sentiment  in  this  Conven- 
tion than  in  any  other  political  body  of  like  character. 

The  inspiration  behind  the  Declaration  of  Bights  came 
from  the  great  parent  Bill  of  Bights  framed  by  the  Fathers  of 
our  country. 

The  article  on  the  proposed  Educational  System  has  ab- 
sorbed the  best  thoughts  and  efforts  of  the  Convention,  and 
draws  around  the  Public  Schools  such  protection  and  defense 
as  will  secure  for  them,  it  is  believed,  the  steady  upward  pro- 
gress which  is  the  enthusiastic  desire  of  this  people. 

The  Legislative  Article,  while  permitting  future  law-makers 
to*  perform  any  needed  thing,  circumscribes  their  powers  in  a 


II 

way  to  prevent  either  extravagance  or  the  misuse  of  legislative 
authority. 

The  Executive  Article  defines  clearly  the  prerogatives  and 
powers  of  the  several  State  officers,  places  all  necessary  author- 
ity in  the  hands  of  the  Executive,  and  at  the  same  time  supplies 
all  needed  checks  to  prevent  usurpation  of  power. 

The  Judiciary  Article  makes  possible  the  conducting  of  the 
courts  effectively  by  competent  judges.  It  seeks  to  exalt  the 
judiciary,  and  yet  brings  the  system  within  a  reasonable  ex- 
penditure of  the  people's  money.  The  Probate  System  has 
been  abolished,  but  power  is  given  the  Legislature  to  restore 
it,  if  deemed  necessary,  or  to  adopt  any  other  plan  that  may  be 
wise  or  expedient. 

The  salaries  of  all  officials  have  been  marked  clown  close  to 
the  danger  line  of  extravagant  economy. 

We  have  provided  to  give  equal  suffrage  to  women. 

We  have  inhibited  for  all  time  polygamous  or  plural  mar- 
riages. 

We  have  placed  within  safe  limits  the  maximum  of  future 
taxation. 

We  have  guarded  against  the  possibility  of  any  future 
great  indebtedness  of  the  State. 

We  have  provided  for  the  full  development  of  our  mani- 
fold industries,  in  such  a  way  that  in  their  expansion  they  will 
not  feel  any  harsh  friction  from  unjust  laws. 

We  have  provided  for  the  correction  of  possible  defects  in 
the  Constitution,  either  by  amendments  or  by  the  enactment  of 
statutes. 

We  have  guaranteed  perfect  liberty  of  speech,  freedom  to 
the  press,  and  absolute  freedom  of  conscience. 

We  recommend  our  work  to  the  gracious  and  generous 
consideration  of  the  men  and  women  of  Utah,  believing  they 
will  esteem  it  a  fitting  foundation  on  whieh  to  rear  the  struct- 
ure of  a  glorified  State. 

If  with  Statehood  there  will  be  a  slight  increase  in  taxes, 
the  compensating  advantages  will  cause  the  increased  expense 
to  be  forgotten.  We  will  be  able  to  utilize  the  magnificent  gift 
of  over  seven  millions  of  acres  of  land  from  our  generous  gov- 
ernment; we  will  be  able  to  secure  capital  for  our  mines;  under 
the  shield  of  Statehood  thousands  of  people  will  seek  homes  in 


Ill 

our  climate,  assist  to  develop  our  wondrous  and  varied  resour- 
ces, and  rejoice  in  the  manifold  blessings  bestowed  by  nature 
upon  our  highly  favored  commonwealth. 

When  we  reflect  that  this  instrument  will  secure  to  us  in 
its  highest  sense  local  self-government,  with  State  officers  of 
our  own  selection,  and  courts  for  the  swift,  capable  and 
economical  administration  of  the  laws  by  judges  of  the  people's 
choosing;  that  it  will  give  us  a  school  system  abreast  of  the 
foremost  in  the  Union,  with  power  to  utilize  the  lands  donated 
to  our  educational  institutions ;  give  us  a  voice  in  the  election  of 
Presidents,  also  two  Senators  and  one  Representative  to  pre- 
sent the  claims  of  our  new  State  in  the  Congress  of  the  Nation ; 
add  the  Star  of  Utah  to  the  hallowed  ensign  of  the  Eepublic, 
bestow  upon  us  full  sovereignty,  with  all  that  this  majestic  term 
implies,  and  thus  draw  to  us  capital  and  population,  and  invest 
us  with  a  dignity  that  can  never  attach  to  a  Territorial  con- 
dition, with  steadily  swelling  confidence  we  submit  this  Con- 
stitution to  the  eonsideration  of  the  people  of  Utah,  in  a  certain 
belief  that  they  will,  by  an  overwhelming  majority  endorse  and 
ratify  our  work. 


CONTENTS. 

PAGE 

Preamble 1 

Article  I — Declaration  of  Rights 1 

Article  II — State  Boundaries «    .    .  4 

Article  III — Ordinance 5 

Article  IV — Elections  and  Right  of  Suffrage 6 

Article  V — Distribution  of  Powers 7 

Article  VI — Legislative  Department 8 

Article  VII — Executive 13 

Article  VIII— Judicial  Department 19 

Article  IX— Congressional  and  Legislative  Apportionment 24 

Article  X — Education 28 

Article  XI— Counties,  Cities  and  Towns 30 

Article  XII — Corporations 31 

Article  XIII — Revenue  and  Taxation 34 

Article  XIV— Public  Debt 37 

Article  XV— Militia 38 

Article  XVI— Labor 39 

Article  XVII— Water  Rights 39 

Article  XVIII— Forestry     40 

Article  XIX— Public  Buildings  and  State  Institutions 40 

Article  XX— Public  Lands 40 

Article  XXI  -  Salaries 41 

Article  XXII — Miscellaneous 41 

Article  XXIII — Amendments    ...           42 

Article  XXIV— Schedule  42 


PREAMBLE. 

Grateful  to  Almighty  God  for  life  and  liberty,  we,  the  peo- 
ple of  Utah,  in  order  to  secure  and  perpetuate  the  principles  of 
free  government,  do  ordain  and  establish  this 

CONSTITUTION. 

ARTICLE  I. 

DECLARATION   OF    RIGHTS. 

SECTION  1.  All  men  have  the  inherent  and  inalienable 
light  to  enjoy  and  defend  their  lives  and  liberties,;  to  acquire, 
possess  and  protect  property;  to  worship  according  to  the  dic« 
tates  of  their  consciences;  to  assemble  peaceably,  protest 
against  wrongs,  and  petition  for  redress  of  grievances;  to  com- 
municate freely  their  thoughts  and  opinions,  being  responsible 
for  the  abuse  of  that  right. 

SEC.  2.  All  political  power  is  inherent  in  the  people;  and 
all  free  governments  are  founded  on  their  authority  for  their 
equal  protection  and  benefit,  and  they  have  the  right  to  alter  or 
reform  their  government  as  the  public  welfare  may  require. 

SEC.  3.  The  State  of  Utah/is  an  inseparable  part  of  the 
Federal  Union,  and  the  Constitution  of  the  United  States  is  the 
supreme  law  of  the  land. 

SEC.  4.  The  rights  of  conscience  shall  never  be  infringed. 
The  State  shall  maks  so  law  respecting  an  establishment  of  re- 
ligion or  prohibiting  tne  free  exercise  thereof;  no  religious  test 
•hall  be  required  as  a  qualification  for  any  office  of  public  trust 
or  for  any  vote  at  any  election;  nor  shall  any  person  be  incom- 
petent as  a  witness  or  juror  on  account  of  religious  belief  or  the 
absence  thereof.  There  shall  be  no  union  of  church  and  State, 
nor  shall  any  church  dominate  the  State  or  interfere  with  ita- 


2 

functions.  No  public  monejr  or  properly  stiall  be  appropriated 
for  or  applied  to  any  religious  worship,  exercise  or  instruction, 
or  for  the  support  of  any  ecclesiastical  establishment.  No  prop- 
erty qualication  shall  bo  required  of  any  person  to  vote,  or  hold 
office,  except  as  provided  in  this  Constitution. 

SEC.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless,  in  case  of  rebellion  or  invasion,  the 
public  safety  requires  it 

SEC.  6.  The  people  have  the  right  to  bear  arms  for  their 
security  and  defense,  but  the  Legislature  may  regulate  the  ex- 
ercise of  this  right  by  law. 

SEC.  7.  No  person  shall  be  deprived  of  life,  liberty  or 
property,  without  due  process  of  Llw. 

SEC.  8.  All  prisoners  shall  be  bailable  by  sufficient  sure- 
ties, except  for  capital  offenses  when  the  proof  is  evident  or 
the  presumption  strong. 

SEC.  9.  Excessive  bail  shall  not  be  required;  excessive 
fines  shall  not  be  imposed;  nor  shall  cruel  and  unusual  punish- 
ments be  inflicted.  Persons  arrested  or  imprisoned  shall  not 
be  treated  with  unnecessary  rigor. 

SEC,  10.  In  capital  cases  the  right  of  trial  by  jury  shall 
remain  inviolate.  In  courts  of  general  jurisdiction,  except  in 
capital  cases,  a  jury  shall  consist  of  eight  jurors.  In  courts  of 
inferior  jurisdiction  a  jury  shall  consist  of  four  jurors.  In 
criminal  cases  the  verdict  shall  be  unanimous.  In  civil  cases 
three-fourths  of  the  jurors  may  find  a  verdict.  A  jury  in  civil 
cases  shall  be  waived  unless  demanded. 

SEC.  11.  All  courts  shall  be  open,  and  every  person,  for 
an  injury  done  to  him  in  his  person,  property  or  reputation, 
shall  have  remedy  by  due  course  of  law,  which  shall  be  admin- 
istered without  denial  or  unnecessary  delay;  and  no  person 
shall  be  barred  from  prosecuting  or  defending  before  any  tri- 
bunal in  this  State,  by  himself  or  counsel,  any  civil  cause  to 
which  he  is  a  party. 

SEC.  12.  In  criminal  prosecutions  the  accused  shall  have 
the  right  to  appear  and  defend  in  person  and  by  counsel,  to  de- 
mand the  nature  and  cause  of  the  accusation  against  him,  to 
have  a  copy  thereof,  to  testify  in  his  own  behalf,  to  be  con- 
fronted by  the  witnesses  against  him,  to  have  compulsory  pro- 
cess to  compel  the  attendance  of  witnesses  in  his  own  behalf,  to 


3 

have  a  speedy  public  trial  by  an  impartial  jury  of  the  county 
or  district  in  which  the  offense  is  alleged  to  have  been  com- 
mitted, and  the  right  to  appeal  in  all  cases.  In  no  instance 
shall  any  accused  person,  before  final  judgment,  be  compelled 
to  advance  money  or  fees  to  secure  the  rights  herein  guaranteed. 
The  accused  shall  not  be  compelled  to  give  evidence  against 
himself;  a  wife  shall  not  be  compelled  to  testify  against  her 
husband,  nor  a  husband  against  his  wife,  nor  shall  any  person 
be  twice  put  in  jeopardy  for  the  same  offense. 

SEC.  13.  Offenses  heretofore  required  to  be  prosecuted  by 
indictment,  shall  be  prosecuted  by  information  after  examina- 
tion and  commitment  by  a  magistrate,  unless  the  examination 
be  waived  by  the  accused  with  the  consent  of  the  State,  or  by 
indictment,  with  or  without  such  examination  and  commitment. 
The  grand  jury  shall  consist  of  seven  persons,  five  of  whom 
must  concur  to  find  an  indictment;  but  no  grand  jury  shall  be 
drawn  or  summoned  unless  in  the  opinion  of  the  judge  of  the 
district,  public  interest  demands  it. 

SEC.  14.  The  right  of  the  people  to  be  secure  in  their  per- 
sons,  houses,  papers  and  effects  against  unreasonable  searches 
and  seizures  shall  not  be  violated;  and  no  warrant  shall  issue 
but  upon  probable  cause  supported  by  oath  or  affirmation,  par- 
ticularly describing  tho  place  to  be  searched  and  the  person  or 
thing  to  be  seized. 

SEC.  15.  No  law  shall  be  passed  to  abridge  or  restrain  the 
freedom  of  speech  or  of  the  press.  In  all  criminal  prosecutions 
for  libel  the  truth  may  be  given  in  evidence  to  the  jury;  and  if 
it  shall  appear  to  the  jury  that  the  matter  charged  as  libelous 
is  true,  and  was  published  with  good  motives,  and  for  justifia- 
ble ends,  the  party  shall  be  acquitted;  and  the  jury  shall  have 
the  right  to  determine  the  law  and  the  fact. 

SEC.  16.  There  shall  be  no  imprisonment  for  debt,  except 
in  cases  of  absconding  debtors. 

SEC.  17.  All  elections  shall  be  free,  and  no  power,  civil  or 
military,  shall  at  any  time  interfere  to  prevent  the  free  exercise 
of  the  right  of  suffrage.  Soldiers  in  time  of  war,  may  vote  at 
their  post  of  duty,  in  or  out  of  the  State,  under  regulations  to 
be  prescribed  by  law. 

SEC.  18.  No  bill  of  attainder,  ex  post  facto  law,  or  law  im- 
pairing the  obligation  of  contracts  shall  be  passed. 


SEC.  19.  Treason  agatnst  ttie  State  shall  consist  only  in 
levying  war  against  it,  or  in  adhering  to  its  enemies  or  in  giv- 
ing them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act. 

SEC.  20.  The  military  shall  be  in  strict  subordination  to 
the  civil  power,  and  no  soldier  in  time  of  peace,  shall  be  quar- 
tered in  any  house  without  the  consent  of  the  owner;  nor  in 
time  of  war  except  in  a  manner  to  be  prescribed  by  law. 

SEC.  21.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime,  whereof  the  party  shall  have  been 
duly  convicted,  shall  exist  within  this  State. 

SEC.  22.  Private  property  shall  not  be  taken  or  damaged 
for  public  use  without  Just  compensation. 

SEC.  23.  No  law  shall  be  passed  granting  irrevocably  any 
franchise,  privilege  or  immunity. 

SEC.  24.  All  laws  of  a  general  nature  shall  have  uniform 
operation. 

SEC.  25.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

SEC.  26.  The  provisions  of  this  Constitution  are  manda- 
tory and  prohibitory,  unles  by  express  words  they  are  declared 
to  be  otherwise. 

SEC.  27.  Frequent  recurrence  to  fundamental  principles  is 
essential  to  the  security  of  individual  rights  and  the  perpetuity 
of  free  government. 


ARTICLE  II. 

STATE  BOUNDAEIES. 

SECTION  1.  The  boundaries  of  the  State  of  Utah  shall  be 
as  follows: 

Beginning  at  a  point  formed  by  the  intersection  of  the 
thirty- second  degree  of  longitude  west  from  Washington,  svith 
the  thirty-seventh  degree  of  north  latitude;  thence  due  west 
along  said  thirty-seventh  degree  of  north  latitude  to  the  inter- 
section of  the  same  with  the  thirty-seventh  degree  of  longitude 
west  from  Washington;  thence  due  north  along  said  thirty- 


seventh  degree  of  west  longitude  to  the  intersection  of  the  same 
with  the  forty-second  degree  of  north  latitude;  thence  due  east 
along  said  forty-second  degree  of  north  latitude  to  the  intersec- 
tion of  the  same  with  the  thirty-fourth  degree  of  longitude  west 
from  Washington;  thence  due  south  along  said  thirty-fourth 
degree  of  west  longitude  to  the  intersection  of  the  same  with 
the  forty-first  degree  of  north  latitude;  thence  due  east  along 
said  forty-first  degree  of  north  latitude  to  the  intersection  of 
the  same  with  the  thirty-second  degree  of  longitude  west  from 
Washington;  thence  due  south  along  said  thirty-second  degree 
of  west  longitude  to  the  place  of  beginning. 


ABTIOLE  III 

ORDINANCE. 

The  following  ordinance  shall  be  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  this  State: 

First: — Perfect  toleration  of  religious  sentiment  is  guaran- 
teed. No  inhabitant  of  this  State  shall  ever  be  molested  in 
person  or  property  on  account  of  his  or  her  mode  of  religious 
worship;  but  polygamous  or  plural  marriages  are  forever  pro- 
hibited. 

Second: — The  people  inhabiting  this  State  do  affirm  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the 
unappropriated  public  lands  lying  within  the  boundaries  hereof, 
and  to  all  lands  lying  within  said  limits  owned  or  held  by  any 
Indian  or  Indian  tribes,  and  that  until  the  title  thereto  shall 
have  been  extinguished  by  the  United  States,  the  same  shall  be 
and  remain  subject  to  the  disposition  of  the  United  States,  and 
said  Indian  lands  shall  remain  under  the  absolute  jurisdiction 
and  control  of  the  Congress  of  the  United  States.  The  lands 
belonging  to  citizens  of  the  United  States,  residing  without  this 
State  shall  never  be  taxed  at  a  higher  rate  than  the  lands 
belonging  to  residents  of  this  State;  nor  shall  taxes  be  imposed 
by  this  State  on  lands  or  property  herein,  belonging  to  or  which 
may  hereafter  be  purchased  by  the  United  States  or  reserved 
for  its  use;  but  nothing  in  this  ordinance  shall  preclude  this 
State  from  taxing,  a&  other  lands  are  taxed;  any  lande  -  --ed  or 


held  by  any  Indian  who  has  severed  his  tribal  relations,  and 
has  obtained  from  the  United  States  or  from  any  person,  by 
patent  or  oth®r  grant,  a  title  thereto,  save  and  except  suohland 
as  have  been  or  may  be  granted  to  any  Indian  or  Indians  nnde 
any  act  of  Congress,  containing  a  provision  exempting  the  land 
thus  granted  from  taxation,  which  last  mentioned  lands  shal 
be  exempt  from  taxation  so  long,  and  to  such  extent,  as  is  o 
may  be  provided  in  the  act  of  Congress  granting  the  same. 

Third: — All  debts  and  liabilities  of  the  Territory  of  Utah, 
incurred  by  authority  of  the  Legislative  Assembly  thereof,  are 
hereby  assumed  and  shall  be  paid  by  this  State. 

Fourth: — The  legislature  shall  make  laws  for  the  establish- 
ment and  maintenance  of  a  system  of  public  schools,  which 
shall  be  open  to  all  the  children  of  the  State  and  be  free  from 
sectarian  control. 


AKTICLE  IV. 

ELECTIONS  AND  BIGHT  OF  SUFFRAGE. 

SECTION  1.  The  rights  of  citizens  of  the  State  of  Utah  to 
vote  and  hold  office  snail  not  be  denied  or  abridged  on  account 
of  sex.  Both  male  and  female  citizens  of  this  State  shall  enjoy 
equally  all  civil,  political  and  religious  rights  and  privileges. 

SEC.  2.  Every  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  been  a  citizen 
for  ninety  days,  and  shall  have  resided  in  the  State  or  Territory 
one  year,  in  the  county  four  months,  and  in  the  precinct  sixty 
days  next  preceding  any  election,  shall  be  entitled  to  vote  at 
such  election  except  as  herein  otherwise  provided. 

SEC.  3.  In  all  cases  except  those  of  treason,  felony  or 
breach  of  the  peace,  electors  shall  be  privileged  from  arrest  on 
the  days  of  election,  during  their  attendance  at  elections,  and 
going  to  and  returning  therefrom. 

SEC.  4  No  elector  shall  be  obliged  to  perform  militia 
duty  on  the  day  of  election  except  in  time  of  war  or  public 
danger. 

SEC.  5.  No  person  shall  be  deemed  a  qualified  elector  of 
this  State  unless  such  person  be  a  citizen  of  the  United  States. 


SEO.  6.  No  idiot,  insane  person  or  person  convicted  of 
treason,  or  crime  against  the  elective  franchise,  unless  restored 
to  civil  rights,  shall  be  permitted  to  vote  at  any  election,  or  be 
eligible  to  hold  office  in  this  State. 

SEC.  7.  Except  in  elections  levying  a  special  tax  or  creat- 
ing indebtedness,  no  property  qualification  shall  be  required 
for  any  person  to  vote  or  hold  office. 

SEC.  8.  All  elections  shall  be  by  secret  ballot.  Nothing 
in  this  section  shall  be  construed  to  prevent  the  use  of  any 
machine  or  mechanical  contrivance  for  the  purpose  of  receiving 
and  registering  the  votes  cast  at  any  election:  Provided,  That 
secrecy  in  voting  be  preserved. 

SEC.  9.  All  general  elections,  except  for  municipal  and 
school  officers,  shall  be  held  on  the  Tuesday  next  following  the 
first  Monday  in  November  of  the  year  in  which  the  election  is 
held.  Special  elections  may  be  held  as  provided  by  law.  The 
terms  of  all  officers  elected  at  any  general  election  shall  com- 
mence  on  the  first  Monday  in  January  next  following  the  date 
of  their  election.  Municipal  and  school  officers  shaH  be  elected 
at  such  time  as  may  be  provided  by  law. 

SEC.  10.  All  officers  made  elective  or  appointive  by  this 
Constitution  or  by  the  laws  made  in  pursuance  thereof,  before 
entering  upon  the  duties  of  their  respective  offices,  shall  take 
and  subscribe  the  following  oath  or  affirmation:  "I  do  solemnly 
8 wear  (or  affirm)  that  I  will  support,  obey  and  defend  the 
Constitution  of  the  United  States  and  the  Constitution  of  this 
State,  and  that  I  will  discharge  the  duties  of  my  office  with 
fidelity." 

AETICLE  V. 

DISTRIBUTION  OF  POWERS. 

SECTION  1.  The  powers  of  the  government  of  the  State  of 
Utah  shall  be  divided  into  three  distinct  departments,  the 
Legislative,  the  Executive,  and  the  Judicial;  and  no  person 
charged  with  the  exercise  of  powers  properly  belonging  to  one 
of  these  departments,  shall  exercise  any  functions  appertaining 
to  either  of  the  others,  except  in  the  cases  herein  expressly 
directed  or  permitted. 


8 
ARTICLE  VI. 

LEGISLATIVE   DEPARTMENT. 

SECTION  1.  The  Legislative  power  of  this  State  shall  be 
Tested  in  a  Senate  and  House  of  Representatives,  which  shall 
be  designated  The  Legislature  of  the  State  of  Utah. 

SEC.  2.  Regular  sessions  of  the  Legislature  shall  be  held 
biennially  at  the  seat  of  the  government;  and  except  the  first 
session  thereof  shall  commence  on  the  second  Monday  in  Janu- 
ary next  after  the  election  of  members  of  the  House  of  Repre- 
sentatives. 

SEC.  3.  The  members  of  the  House  of  Representatives, 
after  the  first  election,  shall  be  chosen  by  the  qualified  electors 
of  the  respective  representative  districts,  on  the  first  Tuesday 
after  the  first  Monday  in  November,  1896,  and  biennially  there- 
after. Their  term  of  office  shall  be  two  years,  from  the  first 
day  of  January  next  after  their  election. 

SEC.  4.  The  senators  shall  be  chosen  by  the  qualified 
electors  of  the  respective  senatorial  districts,  at  the  same  times 
and  places  as  members  of  the  House  of  Representatives,  and 
their  term  of  office  shall  be  four  years  from  the  first  day  of 
January  next  after  their  election:  Provided,  That  the  senators 
elected  in  1896  shall  be  divided  by  lot  into  two  classes  as  nearly 
equal  as  may  be;  seats  of  senators  of  the  first  class  shall  be 
Vacated  at  the  expiration  of  two  years,  those  of  the  second  class 
at  the  expiration  of  four  years ;  so  that  one-half,  as  near  as  pos- 
sible, shall  be  chosen  biennially  thereafter.  In  case  of  increase 
in  the  number  of  senators,  they  shall  be  annexed  by  lot  to  one 
or  the  other  of  the  two  classes,  so  as  to  keep  them  as  nearly 
equal  as  practicable. 

SEC.  5.  No  person  shall  be  eligible  to  the  office  of  senator 
or  representative,  who  is  not  a  citizen  of  the  United  States, 
twenty-five  years  of  age,  a-  qualified  voter  in  the  district  from 
which  he  is  chosen,  a  resident  for  three  years  of  the  State,  and 
for  one  year  of  the  district  from  which  he  is  elected. 

SEC.  6.  No  person  holding  any  public  office  of  profit  or 
trust  under  authority  of  the  United  States,  or  of  this  State, 
shall  be  a  member  of  the  Legislature:  Provided,  That  appoint- 
ments in  the  State  militia,  and  the  offices  of  notary  public. 


9 

justice  of  the  peace,  United  States  commissioner,  and  post- 
master of  the  fourth  class,  shall  not,  within  the  meaning  of  this 
section,  be  considered  offices  of  profit  or  trust. 

SEO.  7.  No  member  of  tho  Legislature,  during  the  term 
for  which  he  was  elected,  shall  be  appointed  or  elected  to  any 
civil  office  of  profit  under  this  State,  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been  increased, 
during  the  term  for  which  he  was  elected. 

SEO.  8.  Members  of  the  Legislature,  in  all  cases  except 
treason,  felony  or  breach  of  peace,  shall  be  privileged  from 
arrest  during  each  session  of  the  Legislature,  for  fifteen  days 
next  preceding  each  session,  and  in  returning  therefrom;  and 
for  words  used  in  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

SEC.  9.  The  members  of  the  Legislature  shall  receive  such 
per  diem  and  mileage  as  the  Legislature  may  provide,  not  ex- 
ceeding four  dollars  per  day,  and  ten  cents  per  mile  for  the 
distance  necessarily  traveled  going  to  and  returning  from  the 
place  of  meeting  on  the  most  usual  route,  and  they  shall  receive 
no  other  pay  or  perquisite. 

SEO.  10.  Each  house  shall  be  the  judge  of  the  election 
and  qualifications  of  its  members,  and  may  punish  them  for 
disorderly  conduct,  and  with  the  concurrence  of  two-thirds  of 
all  the  members  elected,  expel  a  member  for  cause. 

SEO.  11.  A  majority  of  the  members  of  each  house  shall 
constitute  a  quorum  to  transact  business,  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such  penalties  as 
each  house  may  prescribe. 

SEC.  12.  Each  house  shall  determine  the  rules  of  its  pro- 
ceedings, and  choose  its  own  officers  and  employees. 

SEO.  13.  The  Governor  shall  issue  writs  of  election  to  fill 
racancies  that  may  occur  in  either  house  of  the  Legislature. 

SEO.  14  Each  house  shall  keep  a  journal  of  its  proceed- 
ings, which,  except  in  case  of  executive  sessions,  shall  be  pub- 
lished, and  the  yeas  and  nays  on  any  question,  at  the  request  of 
five  members  of  such  house,  shall  be  entered  upon  the  journal. 

SEO.  15.  All  sessions  of  the  Legislature,  except  those  of 
the  Senate  while  sitting  in  executive  session,  shall  be  public; 
and  neither  house,  without  the  consent  of  the  other,  shall 


10 

adjourn  for  more  than  three  days,  nor  to  any  other  place  than 
that  in  which  it  may  be  holding  session. 

SEC.  16.  No  regular  session  of  the  Legislature  (except  the 
first,  which  may  sit  ninety  days)  shall  exceed  sixty  days,  except 
in  cases  of  impeachment.  No  special  session  shall  exceed  thirty 
days,  and  in  such  special  session,  or  when  a  regular  session  of 
the  Legislature  trying  eases  of  impeachment  exceeds  sixty  days, 
the  members  shall  receive  for  compensation  only  the  usual  per 
diem  and  mileage. 

SEO.  17.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  but  in  order  to  impeach,  two-thirds  of 
all  the  members  elected  must  vote  therefor. 

SEC.  18.  All  impeachments  shall  be  tried  by  the  Senate, 
and  senators,  when  sitting  for  that  purpose,  shall  take  oath  or 
make  affirmation  to  do  justice  according  to  the  law  and  the  evi- 
dence. When  the  Governor  is  on  trial,  the  Chief  Justice  of  tha 
Supreme  Court  shall  preside.  No  person  shall  be  convicted 
without  the  concurrence  of  two- thirds  of  the  Senators  elected. 

SEC.  19.  The  Governor  and  other  State  and  Judicial 
officers,  except  justices  of  the  peace,  shall  be  liable  to  impeach- 
ment for  high  crimes,  misdemeanors,  or  malfeasance  in  office; 
but  judgment  in  such  cases  shall  extend  only  to  removal  from 
office  and  disqualification  to  hold  any  office  of  honor,  trust  or 
profit  in  the  State.  The  party,  whether  convicted  or  acquitted, 
shall,  nevertheless,  be  liable  to  prosecution,  trial  and  punish- 
ment according  to  law. 

SEC.  20.  No  person  shall  be  tried  on  impeachment,  unless- 
he  shall  have  been  served  with  a  copy  of  the  articles  thereof,  at 
least  ten  days  before  the  trial,  and  after  such  service  he  shall 
not  exercise  the  duties  of  his  office  until  he  shall  have  been 
acquitted. 

SEC.  21.  All  officers  not  liable  to  impeachment  shall  be 
removed  for  any  of  the  offenses  specified  in  this  article,  in  such 
manner  as  may  be  provided  by  law. 

SEC.  22.  The  enacting  clause  of  every  law  shall  be:  "Be 
it  enacted  by  the  Legislature  of  the  State  of  Utah,"  and  no  bill 
or  joint  resolution  shall  be  passed,  except  with  the  assent  of  a 
majority  of  all  the  members  elected  to  each  house  of  the  Legis- 
lature, and  after  it  has  been  read  three  times.  The  vote  upon 
the  final  passage  of  all  bills  shall  be  by  yeas  and  iiays;  and  no- 


11 

law  shall  be  revised  or  amended  by  reference  to  its  title  only; 
but  the  act  as  revised,  or  section  as  amended,  shall  be  re-enact- 
ed and  published  at  length. 

SEO.  23.  Except  general  appropriation  bills,  and  bills  for 
the  codification  and  general  revision  of  laws,  no  bill  shall  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title. 

SEC.  24.  The  presiding  officer  of  each  house,  in  the  pres- 
ence of  the  house  over  which  he  presides,  shall  sign  all  bills 
and  joint  resolutions  passed  by  the  Legislature,  after  their  titles 
have  been  publicly  read  immediately  before  signing,  and  the 
fact  of  such  signing  shall  be  entered  upon  the  journal. 

SEO.  25.  All  acts  shall  be  officially  published,  and  no  act 
shall  take  effect  until  so  published,  nor  until  sixty  days  after 
the  adjournment  of  the  session  at  which  it  passed,  unless  the 
Legislature  by  vote  of  two-thirds  of  all  the  members  elected  to- 
each  house,  shall  otherwise  direct. 

SEC.  26.  The  Legislature  is  prohibited  from  enacting  any 
private  or  special  laws  in  the  following  cases: 

First. — Granting  divorce^ 

Second. — Changing  the  names  of  persons  or  places,  or  con- 
stituting  one  person  the  heir  at  law  of  another. 

Third. — Locating  or  changing  county  seats. 

Fourth. — Regulating  the  jurisdiction  and  duties  of  justices 
of  the  peace. 

Fifth. — Punishing  crimes  and  misdemeanors. 

Sixth. — Eegulating  the  practice  of  courts  of  justice. 

Seventh. — Providing  for  a  change  of  venue  in  civil  or  crim- 
inal actions. 

Eighth. — Assessing  and  collecting  taxes. 

Ninth. — Eegulating  the  interest  on  money. 

Tenth. — Changing  the  law  of  descent  or  succession. 

Eleventh. — Eegulating  county  and  township  affairs. 

Twelfth. — Incorporating  cities,  towns  or  villages;  changing 
or  amending  the  charter  of  any  city,  town  or  village;  laying 
out,  opening,  vacating  or  altering  town  plats,  highways,  streetd, 
wards,  alleys  or  public  grounds. 

Thirteenth. — Providing  for  sale  or  mortgage  of  real  estate 
belonging  to  minors  or  others  under  disability. 


12 

Fourteenth. — Authorizing  persons  to  keep  ferries  acrosi 
streams  within  the  State. 

Fifteenth. — Remitting  fines,  penalties  or  forfeitures. 

Sixteenth. — Granting  to  an  individual,  association  or  corpo- 
ration any  privilege,  immunity  or  franchise. 

Seventeenth. — Providing  for  the  management  of  common 
schools. 

Eighteenth. — Creating,  increasing  or  decreasing  fees,  per- 
centages or  allowances  of  public  officers  during  the  term  for 
which  said  officers  are  elected  or  appointed. 

The  Legislature  may  repeal  any  existing  special  law  rela- 
ting to  the  foregoing  subdivisions. 

In  all  cases  where  a  general  law  can  be  applicable,  no 
special  law  shall  be  enacted. 

Nothing  in  this  section  shall  be  construed  to  deny  or 
restrict  the  power  of  the  Legislature  to  establish  and  regulate 
the  compensation  and  fees  of  county  and  township  officers;  to 
establish  and  regulate  the  rates  of  freight,  passage,  toll  and 
charges  of  railroads,  toll  roads,  ditch,  flume  and  tunnel  com- 
panies, incorporated  under  the  laws  of  the  State  or  doing  busi- 
ness therein. 

SEO.  27.  The  Legislature  shall  have  no  power  to  release 
or  extinguish,  in  whole  or  in  part,  the  indebtedness,  liability  or 
obligation  of  any  corporation  or  person  to  the  State,  or  to  any 
municipal  corporation  therein. 

SEC.  28.  The  Legislature  shall  not  authorize  any  game  of 
chance,  lottery  or  gift  enterprise  under  any  pretense  or  for  any 
purpose. 

SEO.  29.  The  Legislature  shall  not  delegate  to  any  special 
commission,  private  corporation  or  association,  any  power  to 
make,  supervise  or  interfere  with  any  municipal  improvement, 
money,  property  or  effects,  whether  held  in  trust  or  otherwise, 
to  levy  taxes,  to  select  a  capitol  site,  or  to  perform  any  muni- 
cipal functions. 

SEO.  30.  The  Legislature  shall  have  no  power  to  grant,  or 
authorize  any  county  or  municipal  authority  to  grant,  any  extra 
compensation,  fee  or  allowance  to  any  public  officer,  agent,  ser- 
vant or  contractor,  after  service  has  been  rendered  or  a  con- 
tract has  been  entered  into  and  performed  in  whole  or  in  part, 
•nor  pay  or  authorize  the  payment  of  any  claim  hereafter  created 


18 

•gainst  the  State,  or  any  county  or  municipality  of  the  State, 
wnder  any  agreement  or  contract  made  without  authority  of 
law:  Provided,  That  this  section  shall  not  apply  to  claims  in- 
eurred  by  public  officers  in  the  execution  of  the  laws  of  the 
State, 

SEO.  31.  The  Legislature  shall  not  authorize  the  State,  or 
any  county,  city,  town,  township,  district  or  other  political  sub- 
division of  the  State  to  lend  its  credit  or  subscribe  to  stock  or 
bonds  in  aid  of  any  railroad,  telegraph  or  other  private  individ- 
ual or  corporate  enterprise  or  undertaking. 


ABTICLE  VII. 

EXECUTIVE. 

SECTION  1.  The  Executive  Department  shall  consist  of 
Governor,  Secretary  of  State,  State  Auditor,  State  Treasurer, 
Attorney- General,  and  Superintendent  of  Public  Instruction, 
each  of  whom  shall  hold  his  office  for  four  years,  beginning  om 
the  first  Monday  of  January  next  after  his  election,  except  that 
the  terms  of  office  of  those  elected  at  the  first  election  shall  be- 
gin when  the  State  shall  be  admitted  into  the  Union,  and  shall 
end  on  the  first  Monday  in  January,  A.  D.  1901.  The  officers 
of  the  Executive  Department,  during  their  terms  of  office,  shall 
reside  at  the  seat  of  government,  where  they  shall  keep  the  pub- 
lic records,  books  and  papers.  They  shall  perform  such  duties* 
as  are  prescribed  by  this  Constitution  and  as  may  be  prescribed 
by  law. 

SEC.  2.  The  officers  provided  for  in  section  one  of  this- 
article,  shall  be  elected  by  the  qualified  electors  of  the  State  at 
the  time  and  place  of  voting  for  members  of  the  Legislature, 
and  the  persons  respectively  having  the  highest  number  of 
votes  cast  for  the  office  voted  for  shall  be  elected;  but  if  two  or 
more  shall  have  an  equal  and  highest  number  of  votes  for  any 
one  of  said  offices,  the  two  houses  of  the  Legislature,  at  its  next 
regular  session,  shall  elect  forthwith  by  joint  ballot  one  of  such 
persons  for  said  office. 

SEC.  3.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor or  Secretary  of  State  unless  he  shall  have  attained  the 


14 

Age  of  thirty  years  at  the  time  of  hig  election,  nor  to  the  office 
of  Attorney-General  unless  ho  shall  have  attained  the  age  of 
twenty-five  years  at  the  time  of  his  election,  and  have  been  ad- 
mitted  to  practice  in  the  Supreme  Court  of  the  Territory  or  of 
the  State  of  Utah,  nor  unless  he  shall  be  in  good  standing  at 
the  bar  at  the  time  of  his  election.  No  person  shall  be  eligible 
to  any  of  the  offices  provided  for  in  section  one  of  this  article, 
unless  at  the  time  of  his  election  he  shall  be  a  qualified  elector, 
and  shall  have  been  a  resident  citizen  of  the  State  or  Territory 
for  five  years  next  preceding  his  election.  The  State  Auditor 
and  State  Treasurer  shall  be  ineligible  to  election  as  their  own 
successors. 

SEC.  4.  The  Governor  shall  be  commander-in-chief  of  the 
military  forces  of  the  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States.  He  shall  have  the  power 
to  call  out  the  militia  to  execute  the  laws,  to  suppress  insur- 
rection, or  to  repel  invasion. 

SEC.  5.  The  Governor  shall  see  that  the  laws  are  faith- 
fully executed;  he  shall  transact  all  executive  business  with 
the  officers  of  the  government,  civil  and  military,  and  may  re- 
quire information  in  writing  from  the  officers  of  the  Executive 
Department,  and  from  the  officers  and  managers  of  State  Insti- 
tutions upon  any  subject  relating  to  the  condition,  management, 
•and  expenses  of  their  respective  offices  and  institutions,  and  at 
any  time  when  the  Legislative  Assembly  is  not  in  session,  may, 
if  he  deem  it  necessary,  appoint  a  committee  to  investigate  and 
report  to  him  upon  the  condition  of  any  executive  office  or 
State  institution.  He  shall  communicate  by  message  the  con- 
dition of  the  State  to  the  Legislature  at  every  regular  session, 
and  recommend  such  measures  as  ho  may  deem  expedient. 

SEC.  6.  On  extraordinary  occasions,  the  Governor  may 
convene  the  Legislature  by  proclamation,  in  which  shall  be 
stated  the  purpose  for  which  the  Legislature  is  to  be  convened, 
and  it  shall  transact  no  legislative  business  except  that  for 
which  it  was  especially  convened,  or  such  other  legislative  busi- 
ness as  the  Governor  may  call  to  its  attention  while  in  session. 
The  Legislature,  however,  may  provide  for  the  expenses  of  the 
session  and  other  matters  incidental  thereto.  The  Governor 
may  also  by  proclamation  convene  the  Senate  in  extraordinary 
.session  for  the  transaction  of  executive  business. 


15 

SEO.  7.  In  case  of  a  disagreement  between  the  two  house* 
of  the  Legislature  at  any  special  session,  with  respect  to  the 
time  of  adjournment,  the  Governor  shall  have  power  to  ad- 
journ the  Legislature  to  such  time  as  he  may  think  proper: 
Provided,  it  be  not  beyond  the  time  fixed  for  tho  convening  of 
the  next  Legislature. 

SEC.  8.  Every  bill  passed  by  the  Legislature,  before  it 
becomes  a  law,  shall  be  presented  to  the  Governor;  if  he  ap- 
prove, he  shall  sign  it,  and  thereupon  it  shall  become  a  law;  but 
if  he  do  not  approve,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  originated,  which  house  shall  enter  the 
objections  at  large  upon  its  journal  and  proceed  to  reconsider 
the  bill.  If,  after  such  reconsideration,  it  again  passes  both 
houses  by  a  yea  and  nay  vote  of  two-thirds  of  "the  members 
elected  to  each  house,  it  shall  become  a  law,  notwithstanding 
the  Governor's  objections.  If  any  bill  be  not  returned  within 
five  days  after  it  shall  have  been  presented  to  him  (Sunday  and  the 
day  on  which  he  received  it  excepted),  the  same  shaU  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  Legislature  by 
its  final  adjournment  prevent  such  return,  in  which  case  it  shall 
be  filed  with  his  objections  in  the  office  of  the  Secretary  of 
State  within  ten  days  after  such  adjournment  (Sundays  excep- 
ted) or  become  a  law.  If  any  bill  presented  to  the  Governor 
contains  several  items  of  appropriations  of  money,  he  may  ob- 
ject to  one  or  more  such  items,  while  approving  other  portions 
of  the  bill;  in  such  case  he  shall  append  to  the  bill  at  the  time 
of  signing  it  a  statement  of  the  item  or  items  which  he  declines 
to  approve,  together  with  his  reasons  therefor,  and  such  item  or 
items  shall  not  take  effect  unless  passed  over  the  Governor's 
objection  as  in  this  section  provided. 

SEC.  9.  When  any  State  or  district  office  shall  become 
vacant,  and  no  mode  is  provided  by  the  Constitution  and  laws 
for  filling  such  vacancy,  the  Governor  shall  have  the  power  to 
fill  the  same  by  granting  a  commission,  which  shall  expire  at 
the  next  election,  and  upon  qualification  of  the  person  elected 
to  such  office. 

SEO.  10.  Tho  Governor  shall  nominate,  and  by  and  with 
the  consent  of  the  Senate,  appoint  all  State  and  district  officers 
whose  offices  are  established  by  this  Constitution,  or  which  may 
be  created  Ijtf  Ifilfc  a&d  whoae  accoiaknient  or  election  is  not 


1C 

otherwise  provided  for.  If,  during  the  recess  of  the  Senate,  a 
Tacancy  occur  in  any  State  or  district  office,  the  Governor  shall 
appoint  some  fit  person  to  discharge  the  duties  thereof  until 
the  next  meeting  of  the  Senate,  when  he  shall  nominate  some 
person  to  fill  such  office.  If  the  office  of  Justice  of  the  Supreme 
or  District  Court,  Secretary  of  State,  State  Auditor,  State 
Treasurer,  Attorney-General  or  Superintendent  of  Public  In- 
struction be  vacated  by  death,  resignation  or  otherwise,  it  shall 
be  the  duty  of  the  Governor  to  fill  the  same  by  appointment, 
and  the  appointee  shall  hold  his  office  until  his  successor  shall 
be  elected  and  qualified,  as  may  be  by  law  provided. 

SEO.  11.  In  case  of  the  death  of  the  Governor,  or  his  im- 
peachment, removal  from  office,  inability  to  discharge  the  duties 
of  his  office,-  resignation  or  absence  from  the  State,  the  powers 
and  duties  of  said  office  shall  devolve  upon  the  Secretary  of  State* 
until  the  disability  shall  cease,  or  until  the  next  general  election, 
when  the  vacancy  shall  be  filled  by  election.  If,  during  a 
Tacancy  in  the  office  of  the  Governor,  the  Secretary  of  State 
resign,  die  or  become  incapable  of  performing  the  duties  of  the 
office,  or  bo  displaced,  or  be  absent  from  the  State,  the  Presi- 
dent pro  tempore  of  the  Senate  shall  act  as  Governor  until  the 
Tacancy  be  filled  or  the  disability  cease.  While  performing 
the  duties  of  the  Governor  as  in  this  section  provided,  the  Sec- 
retary of  State,  or  the  President  pro  tempore  of  the  Senate,  as 
the  case  may  be,  except  in  cases  of  temporary  disability,  or  ab- 
sence from  the  State,  shall  be  entitled  to  the  salary  and  emolu* 
ments  of  the  Governor. 

SEC.  12.  Until  otherwise  provided  by  law,  the  Governor, 
Justices  of  the  Supreme  Court  and  Attorney-General  shall  con- 
stitute a  Board  of  Pardons,  a  majority  of  whom,  including 
the  Governor,  upon  such  conditions,  and  with  such  limitation* 
and  restrictions  as  they  deem  proper,  may  remit  fines  and  for- 
feitures, commute  punishments,  and  grant  pardons  after  con- 
victions, in  all  cases  except  treason  and  impeachments,  subject 
to  such  regulations  as  may  be  provided  by  law,  relative  to  the 
manner  of  applying  for  pardons;  but  no  fine  or  forfeiture  shall 
be  remitted,  and  no  commutation  or  pardon  granted,  except 
after  a  full  hearing  before  the  Board,  in  open  session,  after 
previous  notice  of  the  time  and  place  of  such  hearing  has  been 
given.  The  proceedings  and  decisions  of  the  Board,  with  the 


17 

reasons  therefor  in  each  case,  together  with  the  dissent  of  any 
member  who  may  disagree,  shall  be  reduced  to  writing,  and 
filed  with  all  papers  used  upon  the  hearing,  in  the  office  of  the 
Secretary  of  State. 

The  Governor  shall  have  power  to  grant  respites  or  re- 
prieves in  all  cases  of  convictions  for  offenses  against  the  State, 
except  treason  or  conviction  on  impeachment;  but  such  respites 
or  reprieves  shall  not  extend  beyond  the  next  session  of  the  Board 
of  Pardons;  and  such  Board,  at  such  session,  shall  continue 
or  determine  such  respite  or  reprieve,  or  they  may  commute  the 
punishment,  or  pardon  the  offense  as  herein  provided.  In  case 
of  conviction  for  treason,  the  Governor  shall  have  the  power  to 
suspend  execution  of  the  sentence,  until  the  case  shall  be  re- 
ported to  the  Legislature  at  its  next  regular  session,  when  the 
Legislature  shall  either  pardon,  or  commute  the  sentence,  or 
direct  its  execution;  he  shall  communicate  to  the  Legislature  at 
each  regular  session,  each  case  of  remission  of  fine  or  forfeiture* 
reprieve,  commutation  or  pardon  granted  since  the  last  previous1 
report,  stating  the  name  of  the  convict,  the  crime  for  which  he 
was  convicted,  the  sentence  and  its  date,  the  date  of  remis* 
sion,  commutation,  pardon  or  reprieve,  with  the  reasons  for 
granting  the  same,  and  the  objections,  if  any,  of  any  member 
of  the  Board  made  thereto. 

SEO.  13.  Until  otherwise  provided  by  law,  the  Governor, 
Secretary  of  State  and  Attorney-General  shall  constitute  a 
Board  of  State  Prison  Commissioners,  which  board  shall  have, 
such  supervision  of  all  matters  connected  with  the  State  prison 
as  may  be  provided  by  law.  They  shall,  also,  constitute  a  Board 
of  Exttminers,  with  power  to  examine  all  claims  against  the 
State  except  salaries  or  compensation  of  officers  fixed  by 
law,  and  perform  such  other  duties  as  may  be  prescribed  by1 
law,  and  no  other  claim  against  the  State,  except  for  salaries! 
and  compensation  of  officers  fixed  by  law,  shall  be  passed  upon 
by  the  Legislature  without  having  been  considered  and  acted 
upon  by  the  said  Board  of  Examiners. 

SBC.  14  Until  otherwise  provided  by  law,  the  Governor, 
State  Treasurer  and  State  Auditor  shall  constitute  a  Board  of 
Insane  Asylum  Commissioners.  Said  Board  shall  have  such 
supervision  of  all  matters  connected  with  the  State  Insane 
Asylum  as  may  be  provided  by  law. 


13 

SEO.  15.  Until  otherwise  provided  by  law,  tlie  Governor, 
Attorney-General  and  Superintendent  of  Public  Instruction 
shall  constitute  a  Board  of  Reform  School  Commissioners. 
Said  board  shall  have  such  supervision  of  all  matters  connected 
with  the  State  Reform  School  as  may  be  provided  by  law. 

SEC.  16.  The  Secretary  of  State  shall  keep  a  record  of  the 
official  acts  of  tho  Legislature  and  Executive  Department  of  thfr 
State,  and,  when  required,  shall  lay  the  same  and  all  matters 
relative  thereto  before  either  branch  of  the  Legislature,  and 
shall  perform  such  other  duties  as  may  be  provided  by  law. 

SEC.  17.  The  Auditor  shall  be  Auditor  of  Public  Accounts, 
and  the  Treasurer  shall  be  the  custodian  of  public  moneys,  and 
each  shall  perform  such  other  duties  as  may  be  provided  by 
law. 

SEO.  18.  The  Attorney-General  shall  be  the  legal  adviser 
of  the  State  officers,  and  shall  perform  such  other  duties  as  may 
be  provided  by  law. 

SEO.  19.  The  Superintendent  of  Public  Instruction  shall 
perform  such  duties  as  may  be  provided  by  law. 

SEO.  20.  The  Governor,  Secretary  of  State,  Auditor,  Treas- 
urer, Attorney-General,  Superintendent  of  Public  Instruct! -in 
and  such  other  State  and  district  officers  as  may  be  provided 
for  by  law,  shall  receive  for  their  services  quarterly,  a  compen- 
sation as  fixed  by  law,  which  shall  not  be  diminished  or  in- 
creased so  as  to  affect  the  salary  o£  any  officer  during  his  termf 
or  the  term  next  ensuing  after  the  adoption  of  this  Constitution, 
unless  a  vacancy  occur,  in  which  case  the  successor  of  the  f « >r- 
mer  incumbent  shall  receive  only  such  salary  as  may  be  pro- 
vided by  law  at  the  time  of  his  election  or  appointment.  THe 
compensation  of  the  officers  provided  for  by  this  article,  until 
otherwise  provided  by  law,  is  fixed  as  follows: 

Governor,  two  thousand  dollars  per  annum. 

Secretary  of  State,  two  thousand  dollars  per  annum. 

State  Auditor,  fifteen  hundred  dollars  per  annum. 

State  Treasurer,  one  thousand  dollars  per  annum. 

Attorney-General,  fifteen  hundred  dollars  per  annum. 

Superintendent  of  Public  Instruction,  fifteen  hundred  dol- 
lars per  annum. 

The  compensation  for  said  officers  as  prescribed  in  this 
^section,  and  in  all  laws  enacted  pursuant  to  this  Constitution- 


to 

shall  be  in  full  for  all  services  rendered  by  said  officers,  respec- 
tively, in  any  official  capacity  or  employment  during  their  re- 
spective terms  of  office.  No  such  officer  shall  receive  for  the 
performance  of  any  official  duty  any  fee  for  his  own  use,  but  all 
fees  fixed  by  law  for  the  performance  by  either  of  them  of  any 
official  duty,  shall  be  collected  in  advance  and  deposited  with 
the  State  Treasurer  quarterly  to  the  credit  of  the  State.  The 
Legislature  may  provide  for  the  payment  of  actual  and  neces- 
sary expenses  of  said  officers  while  traveling  in  the  State  in  the 
performance  of  official  duty. 

SEC.  21.  All  grants  and  commissions  shall  be  in  the  name 
and  by  the  authority  of  the  State  of  Utah,  sealed  with  the 
Great  Seal  of  the  State,  signed  by  the  Governor,  and  counter- 
signed by  the  Secretary  of  State. 

SEC.  22.  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Secretary  of  State,  and  used  by  him  officially.  Said 
seal  shall  be  called  "The  Great  Seal  of  the  State  of'utah." 
The  present  seal  of  the  ^Territory  of  Utah  shall  be  the  seal  of 
the  State  until  otherwise  provided  by  law. 

SEC.  23.  No  person,  while  holding  any  office  under  the 
United  States  government,  shall  hold  any  office  under  the  State 
government  of  Utah,  and  the  Governor  shall  not  be  eligible  for 
election  to  the  Senate  of  the  United  States  during  the  term  for 
which  he  shall  have  been  elected  Governor. 


AETIOLE  VIII. 

JUDICIAL   DEPAKTMENT. 

SECTION  1.  The  Judicial  power  of  the  State  shall  be  vested 
in  the  Senate  sitting  as  a  court  of  impeachment,  in  a  supreme 
court,  in  district  courts,  m  justices  of  the  peace,  and  such  other 
jcourts  inferior  to  the  Supreme  Court  as  may  be  established 
by  law. 

SBC.  2.  The  Supreme  Court  shall  consist  of  three  judges; 
but  after  the  year  A.  D.  1905,  the  Legislature  may  increase  the 
number  thereof  to  flm  A  majority  of  the  judges  constituting 
the  court  shall  be  necessary  to  form  a  quorum  or  render  a  de- 
cision. If  a  justice  of  the  Supreme  Court  shall  be 


from  sitting  in  a  cause  before  said  court,  the  remaining  judges 
shall  call  a  district  judge  to  sit  with  them  on  the  hearing  o£ 
such  canse.  The  Judges  of  the  Supreme  Court  shall  be  elected 
by  the  electors  of  the  State  at  large.  The  term  of  office  of  the 
Judges  of  the  Supreme  Court,  excepting  as  in  this  article  other- 
vise  provided,  shall  be  six  years.  The  Judges  of  the  Supreme 
Court,  immediately  after  the  first  election  under  this  Constitu- 
tion, shall  be  selected  by  lot,  so  that  one  shall  hold  office  for 
the  term  of  three  years,  one  for  the  term  of  five  years,  and  one 
lor  the  term  of  seven  years.  The  lots  shall  be  drawn  by  the 
Judges  of  the  Supreme  Court,  who,  for  that  purpose,  shall  as- 
semble at  the  seat  of  government;  and  they  shall  cause  the  re- 
sult thereof  to  be  certified  by  the  Secretary  of  State,  and  filed  in 
his  office.  The  judge  having  the  shortest  term  to  serve,  not 
holding  his  office  by  appointment  or  election  to  fill  a  vacancy, 
shall  be  the  Chief  Justice,  and  shall  preside  at  all  terms  of  the 
Supreme  Court,  and  in  case  of  his  absence,  the  judge,  having  in 
like  manner,  the  next  shortest  term,  shall  preside  in  his  stead. 

SEC.  3.  Every  Judge  of  the  Supreme  Court  shall  be  at  least 
thirty  years  of  age,  and,  before  his  election,  shall  be  a  member 
€>f  the  bar,  learned  in  the  law,  and  a  resident  of  the  Territory  or 
Etate  of  Utah  for  five  years  next  preceding  his  election. 

SEC.  4  The  Supreme  Court  shall  have  original  jurisdic- 
tion to  issue  writs  of  mandamus,  ceriiorari,  prohibition,  quo- 
toarranto  and  habeas  corpus.  Each  of  the  Justices  shall  have 
Jpower  to  issue  writs  of  habeas  corpus,  to  any  part  of  the  State, 
tipon  petition  by  or  on  behalf  of  any  person  held  in  actual 
custody,  and  may  make  such  writs  returnable  before  himself  or 
the  Supreme  Court,  or  before  any  district  court  or  judge  there- 
of in  the  State.  In  other  cases  the  Supreme  Court  shall  have 
appellate  jurisdiction  only,  and  power  to  issue  writs  necessary 
»nd  proper  for  the  exercise  of  that  jurisdiction.  The  Supreme 
Court  shall  hold  at  least  three  terms  every  year,  and  shall  sit  at 
the  capital  of  the  State. 

SEO.  6.  The  State  shall  be  divided  into  seven  judicial  dis- 
tricts, for  each  of  which,  at  least  one,  and  not  exceeding  three 
judges,  shall  be  chosen  by  the  qualified  electors  thereof.  The 
term  of  office  of  the  district  judges  shall  be  four  years,  except 
that  the  district  judges  elected  at  the  first  election  shall  serve 
until  the  first  Monday  in  January,  A.  D.  1901*  and  until  their 


21 

successors  shall  have  qualified.  Until  otherwise  provided  by 
law,  a  district  court  at  the  county  seat  of  each  county  shall  b* 
held  at  least  four  times  a  year.  All  civil  and  criminal  business 
arising  in  any  county,  must  be  tried  in  such  county,  unless  a 
change  of  venue  be  taken,  in  such  cases  as  may  bo  provided  by 
law.  Each  judge  of  the  District  Court  shall  be  at  least  twenty- 
five  years  of  age,  a  member  of  the  bar,  learned  in  the  law,  a  resi- 
dent of  the  Territory  or  State  of  Utah  three  years  next  preced- 
ing his  election,  and  shall  reside  in  the  district  for  which  he 
•hall  be  elected.  Any  District  Judge  may  hold  a  District  Court 
in  any  county  at  the  request  of  the  judge  of  the  district,  and 
upon  a  request  of  the  Governor,  it  shall  be  his  duty  to  do  so. 
Any  cause  in  the  District  Court  may  be  tried  by  a  judge  pr& 
tempore,  who  must  be  a  member  of  the  bar,  sworn  to  try  tho 
cause,  and  agreed  upon  by  the  parties,  or  their  attorneys  of 
record. 

SEO,  6.  The  Legislature  may  change  tho  limits  of  any 
judicial  district,  or  increase  or  decrease  the  number  of  districts, 
or  the  judges  thereof.  No  alteration  or  increase  shall  have  the 
effect  of  removing  a  judge  from  office.  In  every  additional 
district  established,  a  judge  shall  be  elected  by  the  electors 
thereof,  and  his  term  of  office  shall  continue  as  provided  in 
section  five  of  this  article. 

SBO.  7.  The  District  Court  shall  have  original  jurisdiction 
in  all  matters  civil  and  criminal,  not  excepted  in  this  Constitu- 
tion, and  not  prohibited  by  law;  appellate  jurisdiction  from  all 
inferior  courts  aad  tribunals,  and  a  supervisory  control  of  the 
same.  The  District  Courts  or  any  judge  thereof,  shall  have 
power  to  issue  writs  of  habeas  corpus^  mandamus,  injunction^ 
quo  warranto,  certiorari,  prohibition  and  other  writs  necessary 
to  carry  into  effect  their  orders,  judgments  and  decrees,  and  to 
give  them  a  general  control  over  inferior  courts  and  tribunals 
within  their  respective  jurisdictions. 

SEO.  8.  The  Legislature  shall  determine  the  number  of 
justices  of  the  peace  to  be  elected,  and  shall  fix  by  law  their 
powers,  duties  and  compensation.  The  jurisdiction  of  justices 
of  the  peace  shall  be  as  now  provided  by  law,  but  the  Legis- 
lature may  restrict  the  some. 

SBC.  9.  From  all  final  judgments  of  the  District  Courts, 
there  shall  be  a  right  of  appeal  to  the  Supreme  Court.  The  ap 


peal  shall  be  upon  the  record  made  in  the  court  below,  and  under 
such  regulations  as  may  be  provided  by  law.  In  equity  cases 
the  appeal  may  be  on  questions  of  both  law  and  fact;  in  cases 
at  law  the  appeal  shall  be  on  questions  of  law  alone.  Appeals 
shall  ako  lie  from  the  final  orders  and  decrees  of  the  Court  in 
the  administration  of  decedent  estates,  and  in  cases  of  guardian- 
ship, as  shall  be  provided  by  law.  Appeals  shall  also  lie  from 
the  final  judgment  of  justices  of  the  peace  in  civil  and  criminal 
cases  to  the  District  Courts  on  both  questions  of  law  and  fact, 
with  such  limitations  and  restrictions  as  shall  be  provided  by 
law;  and  the  decision  of  the  District  Courts  on  such  appeals 
shall  be  final,  except  in  cases  involving  the  validity  or  constitu- 
tionality of  a  statute. 

SEC.  10.  A  County  Attorney  shall  be  elected  by  the 
qualified  voters  of  each  county  who  shall  hold  his  office  for  a 
term  of  two  years.  The  powers  and  duties  of  County  Attorneys 
and  such  other  attorneys  for  the  State  as  the  Legislature  may 
provide,  shall  be  prescribed  by  law.  In  all  cases  where  the 
attorney  for  any  county,  or  for  the  State,  fails  or  refuses  to 
attend  and  prosecute  according  to  law,  the  court  shall  have 
power  to  appoint  an  attorney  pro  tempore. 

SEC.  11.  Judges  may  be  removed  from  office  by  the  con- 
current vote  of  both  houses  of  the  Legislature,  each  voting 
separately;  but  two- thirds  of  the  members  to  which  each  house 
may  be  entitled  must  concur  in  such  vote.  The  vote  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  or  against  a  judge,  together  with  the  cause  or  causes 
of  removal,  shall  be  entered  on  the  journal  of  each  house. 
The  judge  against  whom  the  house  may  be  about  to  proceed 
shall  receive  notice  thereof,  accompanied  with  a  copy  of  the 
cause  alleged  for  his  removal,  at  least  ten  days  before  the  day 
on  which  either  house  of  the  Legislature  shall  act  thereon. 

SEC.  12.  The  Judges  of  the  Supreme  and  District  Courts 
shall  receive  at  stated  times  compensation  for  their  services, 
which  shall  not  be  increased  or  diminished  during  the  time  for 
which  they  are  elected. 

SEC.  13.  Except  by  consent  of  all  the  parties,  no  judge  of 
the  supreme  or  inferior  courts  shall  preside  in  the  trial  of  any 
cause  where  either  of  the  parties  shall  be  connected  with  him 
by  affinity  or  consanguinuity  within  the  degree  of  first  cousin, 


23 

or  in  which  he  may  have  been  of  counsel,  or  in  the  trial  of 
•which  he  may  have  presided  in  any  inferior  court. 

SEC.  14.  The  Supreme  Court  shall  appoint  a  clerk,  and  a 
reporter  of  its  decisions,  who  shall  hold  their  offices  during  the 
pleasure  of  the  Court.  Until  otherwise  provided,  County 
Clerks  shall  be  ex  officio  clerks  of  the  District  Courts  in  and  for 
their  respective  counties,  and  shall  perform  such  other  duties 
as  may  be  provided  by  law. 

SEC.  15.  No  person  related  to  any  judge  of  any  court  by 
affinity  or  consanguinity  within  the  degree  of  first  cousin,  shall 
be  appointed  by  such  court  or  judge  to,  or  employed  by  such 
court  or  judge  in  any  office  or  duty  in  any  court  of  which  such 
judge  may  be  a  member. 

SEC.  16.  Until  otherwise  provided  by  law,  the  Judicial 
Districts  of  the  State  shall  be  constituted  as  follows: 

First  District:  The  Counties  of  Cache,  Box  Elder  and 
Eich. 

Second  District:  The  Counties  of  Weber,  Morgan  and 
Davis. 

Third  District:  The  Counties  of  Summit,  Salt  Lake  and 
Tooele,  in  which  there  shall  be  elected  three  district  judges. 

Fourth  District:  The  Counties  of  Utah,  Wasatch  and 
Uintah. 

Fifth  District:  The  Counties  of  Juab,  Millard,  Beaver, 
Iron  and  Washington. 

Sixth  District:  The  Counties  of  Sevier,  Piute,  Wayne, 
Garfield  and  Kane. 

Seventh  District:  The  Counties  of  Sanpete,  Carbon, 
Emery,  Grand  and  San  Juan. 

SEC.  17.  The  Supreme  and  District  courts  shall  be  courts 
of  record,  and  each  shall  have  a  seal. 

SEC.  18.  The  style  of  all  process  shall  be  "  The  State  of 
Utah,"  and  all  prosecutions  shall  be  conducted  in  the  name  and 
by  the  authority  of  the  same. 

SEC.  19.  There  shall  be  but  one  form  of  civil  action,  and 
law  and  equity  may  be  administered  in  the  same  action. 

SEC.  20.  Until  otherwise  provided  by  law,  salaries  of 
supreme  and  district  judges,  shall  be  three  thousand  dollars  per 
annum  and  mileage,  payable  quarterly  out  of  the  State  treas- 
ury. 


24 

SEC.  21.  Judges  of  the  Supreme  Court,  District  Court, 
and  justices  of  the  peace,  shall  be  conservators  of  the  peace, 
and  may  hold  preliminary  examinations  in  cases  of  felony. 

SEC.  22.  District  Judges  may,  at  any  time,  report  defects 
and  omissions  in  the  law  to  the  Supreme  Court,  and  the  Su- 
preme Court,  on  or  before  the  first  day  of  December  of  each 
year,  shall  report  in  writing  to  the  Governor  any  seeming  de- 
fect or  omission  in  the  law. 

SEC.  23.  The  Legislature  may  provide  for  the  publication 
of  decisions  and  opinions  of  the  Supreme  Court,  but  all  de- 
cisions shall  be  free  to  publishers. 

SEC.  24.  The  terms  of  office  of  Supreme  and  District 
Judges  may  be  extended  by  law,  but  such  extension  shall  not 
affect  the  term  for  which  any  judge  was  elected. 

SEC.  25.  When  a  judgment  or  decree  is  reversed,  modified 
or  affirmed  by  the  Supreme  Court,  the  reasons  therefor  shall  be 
stated  concisely  in  writing,  signed  by  the  judges  concurring, 
filed  in  the  office  of  the  Clerk  of  the  Supreme  Court,  and  pre- 
served with  a  record  of  the  case.  Any  judge  dissenting  there- 
from, may  give  the  reasons  of  his  dissent  in  writing  over  his 
signature. 

SEC.  26.  It  shall  be  the  duty  of  the  court  to  prepare  a 
syllabus  of  all  the  points  adjudicated  in  each  case,  which  shall 
be  concurred  in  by  a  majority  of  the  judges  thereof,  and  it  shall 
be  prefixed  to  the  published  reports  of  the  case. 

SEC.  27.  Any  judicial  officer  who  shall  absent  himself 
from  the  State  or  district  for  more  than  ninety  consecutive 
days,  shall  be  deemed  to  have  forfeited  his  office:  Provided, 
That  in  case  of  extreme  necessity,  the  Governor  may  extend 
the  leave  of  absence  to  such  time  as  the  necessity  therefor  shall 
exist. 

AKTICLE  IX. 

CONGRESSIONAL  AND  LEGISLATIVE  APPORTIONMENT. 

SECTION  1.  One  representative  in  the  Congress  of  the 
United  States  shall  be  elected  from  the  State  at  large  on  the 
Tuesday  next  after  the  first  Monday  in  November,  A.  D.  1895, 
and  thereafter  at  such  times  and  places,  and  in  such  manner  as 


25 

may  be  prescribed  by  law.  When  a  new  apportionment  shall 
be  made  by  Congress,  the  Legislature  shall  divide  the  State 
into  congressional  districts  accordingly. 

SEC.  2.  The  Legislature  shall  provide  by  law  for  an  enu- 
meration of  the  inhabitants  of  the  State,  A.  D.  1905,  and  every 
tenth  year  thereafter,  and  at  the  session  next  following  such 
enumeration,  and  also  at  the  session  next  following  an  enumera- 
tion made  by  the  authority  of  the  United  States,  shall  revise  and 
adjust  the  opportionment  for  Senators  and  Representatives  on 
the  basis  of  such  enumeration  according  to  ratios  to  be  fixed  by 
law. 

SEC.  3.  The  Senate  shall  consist  of  eighteen  members, 
and  the  House  of  Representatives  of  forty-five  members.  The 
Legislature  may  increase  the  number  of  Senators  and  Represen- 
tatives, but  the  Senators  shall  never  exceed  thirty  in  number, 
and  the  number  of  Representatives  shall  never  be  less  than 
twice  nor  greater  than  three  times  the  number  of  Senators. 

SEC.  4.  When  more  than  one  county  shall  constitute  a 
Senatorial  District,  such  counties  shall  be  contiguous,  and  no 
county  shall  be  divided  in  the  formation  of  such  districts  unless 
such  county  contains  sufficient  population  within  itself  to  form 
two  or  more  districts,  nor  shall  a  part  of  any  county  be  united 
with  any  other  county  in  forming  any  district. 

REPRESENTATIVE  DISTKICTS. 

Until  otherwise  provided  by  law,  Representatives  shall  be 
apportioned  among  the  several  counties  of  the  State  as  follows: 

Provided,  That  in  any  future  apportionment  made  by  the 
Legislature,  each  county  shall  be  entitled  to  at  least  one  repre- 
sentative. 

The  County  of  Box  Elder  shall  constitute  the  First  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

The  County  of  Cache  shall  constitute  the  Second  Represen- 
tative District,  and  be  entitled  to  three  representatives. 

The  County  of  Rich  shall  constitute  the  Third  Representa- 
tive District,  and  be  entitled  to  one  representative. 

The  County  of  Weber  shall  constitute  the  Fourth  Repre- 
sentative District,  and  be  entitled  to  four  representatives. 

The  County  of  Morgan  shall  constitute  the  Fifth  Represen- 
tative District,  and  be  entitled  to  one  representative. 


26 

The  County  of  Davis  shall  constitute  the  Sixth  Representa- 
tive  District,  and  be  entitled  to  one  representative. 

The  County  of  Tooele  shall  constitute  the  Seventh  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

The  County  of  Salt  Lake  shall  constitute  the  Eighth  Rep- 
resentative District,  and  be  entitled  to  ten  representatives. 

The  County  of  Summit  shall  constitute  the  Ninth  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

The  County  of  Wasatch  shall  constitute  the  Tenth  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

The  County  of  Utah  shall  constitute  the  Eleventh  Repre- 
sentative District,  and  be  entitled  to  four  representatives. 

The  County  of  Uintah  shall  constitute  the  Twelfth  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

The  County  of  Jiiab  shall  constitute  the  Thirteenth  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

The  County  of  Sanpete  shall  constitute  the  Fourteenth 
Representative  District,  and  be  entitled  to  two  representatives. 

The  County  of  Carbon  shall  constitute  the  Fifteenth  Rep- 
resentative District,  and  be  entitled  to  one  representative. 

The  County  of  Emery  shall  constitute  the  Sixteenth  Rep- 
resentative District,  and  be  entitled  to  one  representative. 

The  County  of  Grand  shall  constitute  the  Seventeenth 
Representative  District,  and  be  entitled  to  one  representative. 

The  County  of  Sevier  shall  constitute  the  Eighteenth  Rep- 
resentative District,  and  be  entitled  to  one  representative. 

The  County  of  Millard  shall  constitute  the  Nineteenth 
Representative  District,  and  be  entitled  to  one  representative. 

The  County  of  Beaver  shall  constitute  the  Twentieth  Rep- 
resentative District,  and  be  entitled  to  one  representative. 

The  County  of  Piute  shall  constitute  the  Twenty-first  Rep- 
resentative District,  and  be  entitled  to  one  representative. 

The  County  of  Wayne  shall  constitute  the  Twenty-second 
Representative  District,  and  be  entitled  to  one  representative. 

The  County  of  Garfield  shall  constitute  the  Twenty-third 
Representative  District,  and  be  entitled  to  one  representative. 

The  County  of  Iron  shall  constitute  the  Twenty-fourth 
Representative  District,  and  be  entitled  to  one  representative. 

The  County  of  Washington  shall  constitute  the  Twenty-fifth 
Representative  District,  and  be  entitled  to  one  representative. 


27 

The  County  of  Kane  shall  constitute  the  Twenty-sixth  Rep- 
resentative District,  and  be  entitled  to  one  representative. 

The  County  of  San  Juan  shall  constitute  the  Twenty- 
seventh  Representative  District,  and  be  entitled  to  one  repre- 
sentative. 

SENATORIAL   DISTRICTS. 

Until  otherwise  provided  by  law,  the  Senatorial  Districts 
shall  be  constituted  and  numbered  as  follows: 

The  Counties  of  Box  Elder  and  Tooele  shall  constitute  the 
First  District,  and  be  entitled  to  one  senator. 

The  County  of  Cache  shall  constitute  the  Second  District, 
and  be  entitled  to  one  senator. 

The  Counties  of  Rich,  Morgan  and  Davis  shall  constitute 
the  Third  District,  and  be  entitled  to  one  senator. 

The  County  of  Weber  shall  constitute  the  Fourth  District, 
and  be  entitled  to  two  senators. 

The  Counties  of  Summit  and  Wasatch  shall  constitute  the 
Fifth  District,  and  be  entitled  to  one  senator. 

The  County  of  Salt  Lake  shall  constitute  the  Sixth  Dis- 
trict, and  be  entitled  to  five  senators. 

The  County  of  Utah  shall  constitute  the  Seventh  District, 
and  be  entitled  to  two  senators. 

The  Counties  of  Juab  and  Millard  shall  constitute  the 
Eighth  District,  and  be  entitled  to  one  senator. 

The  County  of  San  Pete  shall  constitute  the  Ninth  District, 
and  be  entitled  to  one  senator. 

The  Counties  of  Sevier,  Wayne,  Piute,  and  Garfield  shall 
constitute  the  Tenth  District,  and  be  entitled  to  one  senator. 

The  Counties  of  Beaver,  Iron,  Washington  and  Kane  shall 
constitute  the  Eleventh  District,  and  be  entitled  to  one  senator. 

The  Counties  of  Emery,  Carbon,  Uintah,  Grand,  and  San 
Juan  shall  constitute  the  Twelfth  District,  and  be  entitled  to 
one  senator. 


28 
AETICLE  X. 

EDUCATION. 

SECTION  1.  The  Legislature  shall  provide  for  the  estab- 
lishment and  maintenance  of  a  uniform  system  of  public 
schools,  which  shall  be  open  to  all  the  children  of  the  State,  and 
free  from  sectarian  control. 

SEC.  2.  The  Public  School  System  shall  include  kinder- 
garten schools;  common  schools,  consisting  of  primary  and 
grammar  grades;  high  schools;  an  Agricultural  College;  a 
University,  and  such  other  schools  as  the  Legislature  may  estab- 
lish. The  common  school  shall  be  free.  The  other  depart- 
ments of  the  system  shall  be  supported  as  provided  by  law: 
Provided,  That  high  schools  may  be  maintained  free  in  all 
cities  of  the  first  and  second  class  now  constituting  school  dis- 
tricts, and  in  such  other  cities  and  districts  as  may  be  desig- 
nated by  the  Legislature.  But  where  the  proportion  of  school 
moneys  apportioned  or  accruing  to  any  city  or  district  shall 
not  be  sufficient  to  maintain  all  the  free  schools  in  such  city  or 
district,  the  high  schools  shall  be  supported  by  local  taxation. 

SEC.  3.  The  proceeds  of  all  lands  that  have  been,  or  may 
be  granted  by  the  United  States  to  this  State,  for  the  support  of 
the  common  schools;  the  proceeds  of  all  property  that  may 
accrue  to  the  State  by  escheat  or  forfeiture;  and  all  unclaimed 
shares  and  dividends  of  any  corporation  incorporated  under  the 
laws  of  this  State;  the  proceeds  of  the  sale  of  timber,  minerals 
or  other  property  from  school  and  State  lands,  other  than  those 
granted  for  specific  purposes;  and  the  five  per  centum  of  the 
net  proceeds  of  the  sales  of  public  lands  lying  within  the  State, 
which  shall  be  sold  by  the  United  States,  subsequent  to 
the  admission  of  this  State  into  the  Union,  shall  be  and  remain 
a  perpetual  fund,  to  be  called  the  State  School  Fund,  the  inter- 
est of  which  only,  together  with  such  other  means  as  the  Leg- 
islature may  provide,  shall  be  distributed  among  the  several 
school  districts  according  to  the  school  population  residing 
therein. 

SEC.  4.  The  location  and  establishment  by  existing  laws 
of  the  University  of  Utah,  and  Agricultural  College  are  hereby 
confirmed,  and  all  the  rights,  immunities,  franchises  and 
endowments  heretofore  granted  or  conferred,  are  hereby  per- 


29 

petuated  unto  said  University  and  Agricultural  College  respect- 
ively. 

SEC.  5.  The  proceeds  of  the  sale  of  lands  reserved  by  an 
Act  of  Congress,  approved  February  21st,  1855,  for  the  estab- 
lishment of  the  University  of  Utah,  and  of  all  the  lands  granted 
by  an  Act  of  Congress,  approved  July  16th,  1894,  shall  consti- 
tute permanent  funds,  to  be  safely  invested  and  held  by  the 
State;  and  the  income  thereof  shall  be  used  exclusively  for  the 
support  and  maintenance  of  the  different  institutions  and  col- 
leges, respectively,  in  accordance  with  the  requirements  and 
conditions  of  said  acts  of  Congress. 

SEC.  6.  In  cities  of  the  first  and  second  class,  the  public 
school  system  shall  be  maintained  and  controlled,  by  the  Board 
of  Education  of  such  cities,  separate  and  apart  from  the  Coun- 
ties in  which  said  cities  are  located. 

SEC.  7.  All  public  School  funds  shall  be  guaranteed  by 
the  State  against  loss  or  diversion. 

SEC.  8.  The  general  control  and  supervision  of  the  Public 
School  System  shall  be  vested  in  a  State  Board  of  Education, 
consisting  of  the  Superintendent  of  Public  Instruction,  and 
such  other  persons  as  the  Legislature  may  provide. 

SEC.  9.  Neither  the  Legislature  nor  the  State  Board  of 
Education  shall  have  power  to  prescribe  text  books  to  be  used 
in  the  common  schools. 

SEC.  10.  Institutions  for  the  Deaf  and  Dumb,  and  for  the 
Blind,  are  hereby  established.  All  property  belonging  to  the 
School  for  the  Deaf  and  Dumb,  heretofore  connected  with  the 
University  of  Utah,  shall  be  transferred  to  said  Institution 
for  the  Deaf  and  Dumb.  All  the  proceeds  of  the  lands  granted 
by  the  United  States  for  the  support  of  a  Deaf  and  Dumb 
Asylum,  and  for  an  Institution  for  the  Blind,  shall  be  a  perpet- 
ual fund  for  the  maintenance  of  said  Institutions.  It  shall  be 
a  trust  fund,  the  principal  of  which  shall  remain  inviolate, 
guaranteed  by  the  State  against  loss  or  diversion. 

SEC.  11.  The  Metric  System  shall  be  taught  in  the  public 
schools  of  the  State. 

SEC.  12.  Neither  religious  nor  partisan  test  or  qualifica- 
tion shall  be  required  of  any  person  as  a  condition  of  admission, 
as  teacher  or  student,  into  any  public  educational  institution  of 
the  State. 


30 

SEC.  13.  Neither  the  Legislature  nor  any  county,  city, 
town,  school  district  or  other  public  corporation,  shall 
make  any  appropriation  to  aid  in  the  support  of  any  school, 
seminary,  academy,  college,  university  or  other  institution, 
controlled  in  whole,  or  in  part  by  any  church,  sect  or  denomina- 
tion whatever. 

AETICLE  XL 

COUNTIES,   CITIES   AND    TOWNS. 

•  SECTION  1.  The  several  counties  of  the  Territory  of  Utah, 
existing  at  the  time  of  the  adoption  of  this  Constitution,  are 
hereby  recognized  as  legal  subdivisions  of  this  State,  and  the 
precincts  and  school  districts  now  existing  in  the  said  counties, 
as  legal  subdivisions  thereof,  and  they  shall  so  continue  until 
changed  by  law  in  pursuance  of  article. 

SEC.  2.  No  County  Seat  shall  be  removed  unless  two- 
thirds  of  the  qualified  electors  of  the  county,  voting  on  the 
proposition  at  a  general  exection,  shall  vote  in  favor  of  such 
removal,  and  two-thirds  of  the  votes  cast  on  the  proposition 
shall  be  required  to  re-locate  a  county  seat.  A  proposition  of 
removal  shall  not  be  submitted  in  the  same  county  more  than 
once  in  four  years. 

SEC.  3.  No  territory  shall  be  stricken  from  any  county 
unless  a  majority  of  the  voters  living  in  such  territory,  as  well 
as  of  the  county  to  which  it  is  to-be  annexed,  shall  vote  there- 
for, and  then  only  under  such  conditions  as  may  be  prescribed 
by  general  law. 

SEC.  4.  The  Legislature  shall  establish  a  system  of  county 
government,  which  shall  be  uniform  throughout  the  State,  and 
by  general  laws  shall  provide  for  precinct  and  township  or- 
ganizations. 

SEC.  5.  Corporations  for  municipal  purposes  shall  not  be 
created  by  special  laws;  the  Legislature,  by  general  laws,  shall 
provide  for  the  incorporation,  organization,  and  classification  of 
cities  and  towns  in  proportion  to  population;  which  laws  may 
be  altered,  amended  or  repealed. 

SEC.  6.  No  municipal  corportion,  shall  directly  or  in- 
directly, lease,  sell,  alien  or  dispose  of  any  water- works,  water- 


31 

rights,  or  sources  of  water  supply  now,  or  hereafter  to  be  owned 
or  controlled  by  it,  but  all  such  water-works,  water-rights  and 
sources  of  water  supply  now  owned  or  hereafter  to  be  acquired 
by  any  municipal  corporation,  shall  be  preserved,  maintained 
and  operated  by  it  for  supplying  its  inhabitants  with  water  at 
reasonable  charges:  Provided,  That  nothing  herein  contained 
shall  be  construed  to  prevent  any  such  municipal  corporation 
from  exchanging  water-rights,  or  sources  of  water  supply,  for 
other  water-rights  or  sources  of  water  supply  of  equal  value, 
and  to  be  devoted  in  like  manner  to  the  public  supply  of  its 
inhabitants. 

AKTICLE  XII. 

CORPOKATIONS. 

SECTION  1.  Corporations  may  be  formed  under  general 
laws,  but  shall  not  be  created  by  special  acts.  All  laws  relating 
to  corporations  may  be  altered,  amended  or  repealed  by  the 
Legislature,  and  all  corporations  doing  business  in  this  State, 
may,  as  to  such  business,  be  regulated,  limited  or  restrained 
by  law. 

SEC.  2.  All  existing  charters,  franchises,  special  or  exclu- 
sive privileges,  under  which  an  actual  and  bona  fide  organiza- 
tion shall  not  have  taken  place,  and  business  been  commenced 
in  good  faith,  at  the  time  of  the  adoption  of  this  Constitution, 
shall  thereafter  have  no  validity;  and  no  corporation  in  exist- 
ence at  the  time  of  the  adoption  of  this  Constitution  shall  have 
the  benefit  of  future  legislation  without  first  filing  in  the  office 
of  the  Secretary  of  State,  an  acceptance  of  the  provisions  of 
this  Constitution. 

SEC.  3.  The  Legislature  shall  not  extend  any  franchise  or 
charter,  nor  remit  the  forfeiture  of  any  franchise  or  charter  of 
any  corporation  now  existing,  or  which  shall  hereafter  exist 
under  the  laws  of  this  State. 

SEC.  4.  The  term  "Corporation,"  as  used  in  this  article, 
shall  be  construed  to  include  all  associations  and  joint  stock 
companies  having  any  powers  or  privileges  of  corporations  not 
possessed  by  individuals  or  partnerships,  and  all  corporations 
shall  have  the  right  to  sue,  and  shall  be  subject  to  be  sued,  in 
all  courts,  in  like  cases  as  natural  persons. 


32 

SEC.  5.  Corporations  shall  not  issue  stock,  except  to  bona 
fide  subscribers  thereof  or  their  assignee,  nor  shall  any  corpor- 
ation issue  any  bond,  or  other  obligation,  for  the  payment  of 
money,  except  for  money  or  property  received,  or  labor  done. 
The  stock  of  corporations  shall  not  be  increased,  except  in  pur- 
suance of  general  law,  nor  shall  any  law  authorize  the  increase 
of  stock  without  the  consent  of  the  person  or  persons  holding 
the  larger  amount  in  value  of  the  stock,  or  without  due  notice 
of  the  proposed  increase  having  previously  been  given  in  such 
manner  as  may  be  prescribed  by  law.  All  fictitious  increase  of 
stock  or  indebtedness  shall  be  void. 

SEC.  6.  No  corporations  organized  outside  of  this  State, 
shall  be  allowed  to  transact  business  within  the  State,  on  condi- 
tions more  favorable  than  those  prescribed  by  law  to  similar 
corporations,  organized  under  the  laws  of  this  State. 

SEC.  7.  No  corporation  shall  lease  or  alienate  any  fran- 
chise, so  as  to  relieve  the  franchise  or  property  held  thereunder 
from  the  liabilities  of  the  lessor,  or  grantor,  lessee,  or  grantee, 
contracted  or  incurred  in  operation,  use  or  enjoyment  of  such 
franchise  or  any  of  its  privileges. 

SEC.  8.  No  law  shall  be  passed  granting  the  right  to  con- 
struct and  operate  a  street  railroad,  telegraph,  telephone  or 
electric  light  plant  within  any  city  or  incorporated  town,  with- 
out the  consent  of  the  local  authorities  who  have  the  control  of 
the  street  or  highway  proposed  to  be  occupied  for  such  pur- 
poses. 

SEC.  9.  No  corporation  shall  do  business  in  this  State, 
without  having  one  or  more  places  of  business,  with  an  author- 
ized agent  or  agents,  upon  whom  process  may  be  served;  nor 
without  first  filing  a  certified  copy  of  its  articles  of  incorpor- 
ation with  the  Secretary  of  State. 

SEC.  10.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  authorized  in  its  charter,  or  articles 
of  incorporation. 

SEC.  11.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  so  abridged  or  construed,  as  to  prevent  the  Legisla- 
ture from  taking  the  property  and  franchises  of  incorporated 
companies,  and  subjecting  them  to  public  use  the  same  as  the 
property  of  individuals. 


33 

SEC.  12.  All  railroad  and  other  transportation  companies 
are  declared  to  be  common  carriers,  and  subject  to  legislative 
control;  and  such  companies  shall  receive  and  transport  each 
other's  passengers  aud  freight,  without  discrimination  or  un- 
necessary delay. 

SEC.  13.  No  railroad  corporation  shall  consolidate  its 
stock,  property  or  franchises  with  any  other  railroad  corpor- 
ation owning  a  competing  line. 

SEC.  14.  The  rolling  stock,  and  other  moveable  property, 
belonging  to  any  railroad  company  or  corporation  in  this  State, 
shall  be  considered  personal  property,  and  shall  be  liable  to 
taxation  and  to  execution  and  sale,  in  the  same  manner  as  the 
personal  property  of  individuals,  and  such  property  shall  not  be 
exempted  from  execution  and  sale. 

SEC.  15.  The  Legislature  shall  piss  laws  establishing  rea- 
sonable maximum  rates  of  charges,  for  the  transportation  of 
passengers  and  freight,  for  correcting  abuses,  and  preventing 
discrimination  and  extortion  in  rates  of  freight  and  passenger 
tariffs  by  the  different  railroads,  and  other  common  carriers  in 
the  State,  and  shall  enforce  such  laws  by  adequate  penalties. 

SEC.  16.  No  corporation  or  association  shall  bring  any 
armed  person  or  bodies  of  men  into  this  State  for  the  preserva- 
tion of  the  peace,  or  the  suppression  of  domestic  troubles  with- 
out authority  of  law. 

SEC.  17.  No  officer,  employee,  attorney  or  agent  of  any 
corporation,  company  or  association  doing  business  under,  or  by 
virtue  of  any  municipal  charter  or  franchise,  shall  be  eligible 
to  or  permitted  to  hold  any  municipal  office,  in  the  municipality 
granting  such  charter  or  franchise. 

SEC.  18.  The  stockholders  in  every  corporation,  and  joint 
stock  association  for  banking  purposes,  in  addition  to  the 
amount  of  capital  stock  subscribed  and  fully  paid  by  them,  shall 
be  individually  responsible  for  an  additional  amount,  equal  to 
the  amount  of  their  stock  in  such  corporation,  for  all  its  debts 
and  liabilities  of  every  kind. 

SEC.  19.  Every  person  in  this  State  shall  be  free  to  obtain 
employment  whenever  possible,  and  any  person,  corporation,  or 
agent,  servant  or  employee  thereof,  maliciously  interfering  or 
hindering  in  any  way,  any  person  from  obtaining,  or  enjoying 
employment  already  obtained,  from  any  other  corporation  or 


34 

person,   shall   be   deemed  guilty  of  a  crime.     The  Legislature 
shall  provide  by  law  for  the  enforcement  of  this  section. 

SEC.  20.  Any  combination  by  individuals,  corporations,  or 
associations,  having  for  its  object  or  effect  the  controlling  of 
the  price  of  any  products  of  the  soil,  or  of  any  article  of  manu- 
facture or  commerce,  or  the  cost  of  exchange  or  transportation, 
is  prohibited,  and  hereby  declared  unlawful,  and  against  public 
policy.  The  Legislature  shall  pass  laws  for  the  enforcement  of 
this  section  by  adequate  penalties,  and  in  case  of  incorporated 
companies,  if  necessary  may  declare  a  forfeiture  of  their  fran- 
chise. 

ARTICLE  XIII. 

REVENUE   AND    TAXATION. 

SECTION  1.  The  fiscal  year  shall  begin  on  the  first  day  of 
January,  unless  changed  by  the  Legislature. 

SEC.  2.  All  property  in  the  State,  not  exempt  under  the 
laws  of  the  United  States,  or  under  this  Constitution,  shall  be 
taxed  in  proportion  to  its  value,  to  be  ascertained  as  provided 
by  law.  The  word  property,  as  used  in  this  article,  is  hereby 
declared  to  include  moneys,  credits,  bonds,  stocks,  franchises 
and  all  matters  and  things  (real,  personal  and  mixed)  capable 
of  private  ownership;  but  this  shall  not  be  so  construed  as  to 
authorize  the  taxation  of  the  stocks  of  any  company  or  corpora- 
tion, when  the  property  of  such  company  or  corporation  repre- 
sented by  such  stocks,  has  been  taxed.  The  Legislature  shall 
provide  by  law  for  an  annual  tax  sufficient,  with  other  sources 
of  revenue,  to  defray  the  estimated  ordinary  expenses  of  the 
State  for  each  fiscal  year.  For  the  purpose  of  paying  the 
State  debt,  if  any  there  be,  the  Legislature  shall  provide  for 
levying  a  tax  annually,  sufficient  to  pay  the  annual  interest, 
and  principal  of  such  debt,  within  twenty  years  from  the  final 
passage  of  the  law  creating- the  debt. 

SEC.  3.  The  Legislature  shall  provide  by  law  a  uniform 
and  equal  rate  of  assessment  and  taxation  011  all  property  in  the 
State,  according  to  its  value  in  money,  and  shall  prescribe  by 
general  law  such  regulations  as  shall  secure  a  just  valuation 
for  taxation  of  all  property;  so  that  every  person  and  corpora- 


35 

tion  shall  pay  a  tax  in  proportion  to  the  value  of  his,  her  or  its- 
property:  Provided,  That  a  deduction  of  debits  from  credits- 
may  be  authorized:  Provided  further,  That  the  property  of  the 
United  States,  of  the  State,counties,  cities,  towns,  school  districts, 
municipal  corporations  and  public  libraries,  lots  with  the  build- 
ings thereon  used  exclusively  for  either  religious  worship  or 
charitable  purposes,  and  places  of  burial  not  held  or  used  for 
private  or  corporate  benefit,  shall  be  exempt  from  taxation. 
Ditches,  canals,  and  flumes  owned  and  used  by  individuals  or 
corporations  for  irrigating  lands  owned  by  such  individuals  or 
corporations,  or  the  individual  members  thereof,  shall  not  be 
separately  taxed  so  long  as  they  shall  be  owned  and  used  exclu- 
sively for  such  purpose. 

SEC.  4.  All  mines  and  mining  claims,  both  placer  and  rock 
in  place,  containing  or  bearing  gold,  silver,  copper,  lead,  coal  or 
other  valuable  mineral  deposits,  after  purchase  thereof  from  the 
United  States,  shall  be  taxed  at  the  price  paid  the  United  States 
therefor,  unless  the  surface  ground,  or  some  part  thereof,  of 
such  mine  or  claim,  is  used  for  other  than  mining  purposes,  and 
has  a  separate  and  independent  value  for  such  other  purposes; 
in  which  case  said  surface  ground,  or  any  part  thereof,  so  used 
for  other  than  mining  purposes,  shall  be  taxed  at  its  value  for 
such  other  purposes,  as  provided  by  law;  and  all  the  machinery 
used  in  mining,  and  all  property  and  surface  improvements- 
upon  or  appurtenant  to  mines  and  mining  claims,  which  have  a 
value  separate  and  independent  of  such  mines  or  mining  claims, 
and  the  net  annual  proceeds  of  all  mines  and  mining  claims, 
shall  be  taxed  as  provided  by  law. 

SEC.  5.  The  Legislature  shall  not  impose  taxes  for  the 
purpose  of  any  county,  city,  town  or  other  municipal  corpora- 
tion, but  may,  by  law  vest,  in  the  corporate  authorities  thereof, 
respectively,  the  power  to  assess  and  collect  taxes  for  all  pur- 
poses of  such  corporation. 

SEC.  6.  An  accurate  statement  of  the  receipts  and  expen- 
ditures of  the  public  moneys,  shall  be  published  annually  in 
such  manner  as  the  Legislature  may  provide. 

SEC.  7.  The  rate  of  taxation  on  property,  for  State  pur- 
poses, shall  never  exceed  eight  mills  on  each  dollar  of  valuation; 
and  whenever  the  taxable  property  within  the  State  shall  amount 
to  two  hundred  million  dollars,  the  rate  shall  not  exceed  five' 


36 

mills  on  each  dollar  of  valuation;  and  whenever  the  taxable 
property  within  the  State  shall  amount  to  three  hundred  million 
dollars,  the  rate  shall  never  thereafter  exceed  four  mills  on  each 
dollar  of  valuation;  unless  a  proposition  to  increase  such  rate, 
specifying  the  rate  proposed,  and  the  time  during  which  the 
same  shall  be  levied,  be  first  submitted  to  a  vote  of  such  of  the 
qualified  electors  of  the  State  as,  in  the  year  next  preceding 
such  election,  shall  have  paid  a  property  tax  assessed  to  them 
within  the  State,  and  the  majority  of  those  voting  thereon  shall 
-vote  in  favor  thereof,  in  such  manner  as  may  be  provided  by 
law. 

SEC.  8.  The  making  of  profit  out  of  public  moneys,  or 
using  the  same  for  any  purpose  not  authorized  by  law,  by  any 
public  officer,  shall  be  deemed  a  felony,  and  shall  be  punished 
as  provided  by  law,  but  part  of  such  punishment  shall  be  dis- 
qualification to  hold  public  office. 

SEC.  9.  No  appropriation  shall  be  made,  or  any  expendi- 
ture authorized  by  the  Legislature,  whereby  the  expenditure  of 
the  State,  during  any  fiscal  year,  shall  exceed  the  total  tax  then 
provided  for  by  law,  and  applicable  for  such  appropriation  or 
expenditure,  unless  the  Legislature  making  such  appropriation, 
shall  provide  for  levying  a  sufficient  tax,  not  exceeding  the  rates 
allowed  in  section  seven  of  this  article,  to  pay  such  appropria- 
tion or  expenditure  within  such  fiscal  year.  This  provision 
shall  not  apply  to  appropriations  or  expenditures  to  suppress 
insurrections,  defend  the  State,  or  assist  in  defending  the 
United  States  in  time  of  war. 

SEC.  10.  All  corporations  or  persons  in  this  State,  or 
doing  business  herein,  shall  be  subject  to  taxation  for  State, 
county,  school,  municipal  or  other  purposes,  on  the  real  and 
personal  property  owned  or  used  by  them  within  the  Territorial 
limits  of  the  authority  levying  the  tax. 

SEC.  11.  Until  otherwise  provided  by  law,  there  shall  be  a 
State  Board  of  Equalization,  consisting  of  the  Governor,  State 
Auditor,  State  Treasurer,  Secretary  of  State  and  Attorney- 
General;  also,  in  each  county  of  this  State,  a  County  Board  of 
Equalization,  consisting  of  the  Board  of  County  Commissioners 
of  said  county.  The  duty  of  the  State  Board  of  Equalization 
shall  be  to  adjust  and  equalize  the  valuation  of  the  real  and 
personal  property  among  the  several  counties  of  the  State. 


37 

The  duty  of  the  County  Board  of  Equalization  shall  be  to 
adjust  and  equalize  the  valuation  of  the  real  and  personal  prop- 
erty within  their  respective  counties.  Each  Board  shall  also 
perform  such  other  duties  as  may  be  prescribed  by  law. 

SEC.  12.  Nothing  in  this  Constitution  shall  be  construed 
to  prevent  the  Legislature  from  providing  a  stamp  tax,  or  a  tax 
based  on  income,  occupation,  licenses,  franchises  or  mortgages. 

ARTICLE  XIV. 

PUBLIC   DEBT. 

SECTION  1.  To  meet  casual  deficits  or  failures  in  revenue, 
and  for  necessary  expenditures  for  public  purposes,  including 
the  erection  of  public  buildings,  and  for  the  payment  of  all 
Territorial  indebtedness  assumed  by  the  State,  the  State  may 
contract  debts,  not  exceeding  in  the  aggregate  at  any  one  time, 
the  sum  of  two  hundred  thousand  dollars  over  and  above  the 
amount  of  the  Territorial  indebtedness  assumed  by  the  State. 
But  when  the  said  Territorial  indebtedness  shall  have  been 
paid,  the  State  shall  never  contract  any  indebtedness,  except  as 
in  the  next  section  provided,  in  excess  of  the  sum  of  two  hun- 
dred thousand  dollars,  and  all  moneys  arising  from  loans  herein 
authorized,  shall  be  applied  solely  to  the  purposes  for  which 
they  were  obtained. 

SEC.  2.  The  State  may  contract  debts  to  repel  invasion, 
suppress  insurrection,  or  to  defend  the  State  in  war,  but  the 
money  arising  from  the  contracting  of  such  debts  shall  be 
applied  solely  to  the  purpose  for  which  it  was  obtained. 

SEC.  3.  No  debt  in  excess  of  the  taxes  for  the  current  year 
shall  be  created  by  any  county  or  subdivision  thereof,  or  by 
any  school  district  therein,  or  by  any  city,  town  or  village,  or 
any  subdivision  thereof  in  this  State;  unless  the  proposition  to 
create  such  debt,  shall  have  been  submitted  to  a  vote  of  such 
qualified  electors  as  shall  have  paid  a  property  tax  therein,  in 
the  year  preceding  such  election,  and  a  majority  of  those  voting 
thereon  shall  have  voted  in  favor  of  incurring  such  debt. 

SEC.  4.  When  authorized  to  create  indebtedness  as  pro- 
vided in  Section  three  of  this  Article,  no  county  shall  become 
indebted  to  an  amount,  including  existing  indebtedness,  exceed- 
ing two  per  centum.  No  city,  town,  school  district  or  other 


38 

t 

municipal  corporation,  shall  become  indebted  to  an  amount, 
including  existing  indebtedness,  exceeding  four  per  centum  of 
the  value  of  the  taxable  property  therein,  the  value  to  be  ascer- 
tained by  the  last  assessment  for  State  and  county  purposes, 
previous  to  the  incurring  of  such  indebtedness;  except  that  in 
incorporated  cities  the  assessment  shall  be  taken  from  the  last 
assessment  for  city  purposes:  Provided,  That  no  part  of  the 
indebtedness  allowed  in  this  section,  shall  be  incurred  for  other 
than  strictly  county,  city,  town  or  school  district  purposes: 
Provided,  further,  That  any  city  or  town  when  authorized  as 
provided  in  section  three  of  this  article,  may  be  allowed  to 
incur  a  larger  indebtedness,  not  exceeding  four  per  centum 
additional,  for  supplying  such  city  or  town  with  water,  artificial 
light  or  sewers,  when  the  works  for  supplying  such  water,  light 
and  sewers,  shall  be  owned  and  controlled  by  the  municipality. 

SEC.  5.  All  moneys  borrowed  by  or  on  behalf  of  the 
State,  or  any  legal  subdivision  thereof,  shall  be  used  solely  for 
the  purpose  specified  in  the  law  authorizing  the  loan. 

SEC.  6.  The  State  shall  not  assume  the  debt,  or  any  part 
thereof,  of  any  county,  city,  town  or  school  district. 

SEC.  7.  Nothing  in  this  article  shall  be  so  construed  as 
to  impair  or  add  to  the  obligation  of  any  debt  heretofore  con- 
tracted, in«accordance  with  the  laws  of  Utah  Territory,  by  any 
•county,  city,  town  or  school  district,  or  to  prevent  the  contract- 
ing of  any  debt,  or  the  issuing  of  bonds  therefor,  in  accordance 
with  said  laws,  upon  any  proposition  for  that  purpose,  which, 
according  to  said  laws,  may  have  been  submitted  to  a  vote  of 
the  qualified  electors  of  any  county,  city,  town  or  school  dis- 
trict before  the  day  on  which  this  Constitution  takes  effect. 

AETICLE  XV. 

MILITIA. 

SECTION  1.  The  militia  shall  consist  of  all  able-bodied 
male  inhabitants  of  the  State  -between  the  ages  of  eighteen  and 
forty-five  years,  except  such  as  are  exempt  by  law. 

SEC.  2.  The  Legislature  shall  provide  by  law  for  the 
organization,  equipment  and  discipline  of  the  militia,  which 
shall  conform  as  nearly  as  practicable  to  the  regulations  for  the 
government  of  the  armies  of  the  United  States. 


39 
ARTICLE  XVI. 

LABOR. 

SECTION  1.  The  rights  of  labor  shall  have  just  protection 
through  laws  calculated  to  promote  the  industrial  welfare  of 
the  State. 

SEC.  2.  The  Legislature  shall  provide  by  law,  for  a  Board 
of  Labor,  Conciliation  and  Arbitration,  which  shall  fairly  rep- 
resent the  interests  of  both  capital  and  labor.  The  Board  shall 
perform  duties,  and  receive  compensation  as  prescribed  by  law. 

SEC.  3.     The  Legislature  shall  prohibit: 

First.  The  employment  of  women,  or  of  children  under 
the  age  of  fourteen  years,  in  underground  mines. 

Second.     The  contracting  of  convict  labor. 

Third.  The  labor  of  convicts  outside  prison  grounds,  ex- 
cept on  public  works  under  the  direct  control  of  the  State. 

Fourth.  The  political  and  commercial  control  of  em- 
ployees. 

SEC.  4  The  exchange  of  black  lists  by  railroad  companies 
or  other  corporations,  associations  or  persons  is  prohibited. 

SEC.  5.  The  right  of  action  to  recover  damages  for  in- 
juries resulting  in-  death,  shall  never  be  abrogated,  and  the 
amount  recoverable  shall  not  be  subject  to  any  statutory  limita- 
tion. 

SEC.  6.  Eight  hours  shall  constitue  a  day's  work  on  all 
works  or  undertakings  carried  on  or  aided  by  the  State,  county 
or  municipal  governments  ;  and  the  Legislature  shall  pass  laws 
to  provide  for  the  health  and  safety  of  employees  in  factories, 
smelters  and  mines. 

SEC.  7.  The  Legislature,  by  appropriate  legislation,  shall 
provide  for  the  enforcement  of  the  provisions  of  this  article. 

ARTICLE  XVII. 

WATER   RIGHTS. 

SECTION  1.  All  existing  rights  to  the  use  of  any  of  the 
waters  in  this  State  for  any  useful  or  beneficial  purpose,  are 
hereby  recognized  and  confirmed. 


40 
AKTICLE  XYIII. 

FORESTRY. 

SECTION  1.  The  Legislature  shall  enact  laws  to  prevent 
the  destruction  of  and  to  preserve  the  forests  on  the  lands  of 
the  State,  and  upon  any  part  of  the  public  domain,  the  control 
of  which  may  be  conferred  by  Congress  upon  the  State. 

ARTICLE  XIX. 

PUBLIC   BUILDINGS   AND   STATE   INSTITUTIONS. 

SECTION  1.  All  institutions  and  other  property  of  the 
Territory,  upon  the  adoption  of  this  Constitution,  shall  become 
the  institutions  and  property  of  the  State  of  Utah. 

SEC.  2.  Reformatory  and  penal  institutions,  and  those  for 
the  benefit  of  the  insane,  blind,  deaf  and  dumb,  and  such  ather 
institutions  as  the  public  good  may  require,  shall  be  established 
and  supported  by  the  State  in  such  manner,  and  under  such 
boards  of  control  as  may  be  prescribed  by  law. 

SEC.  3.  The  Public  Institutions  of  the  State  are  hereby 
permanently  located  at  the  places  hereinafter  named,  each  to 
have  the  lands  specifically  granted  to  it  by  the  United  States, 
in  the  Act  of  Congress,  approved  July  16th,  1894,  to  be  dis- 
posed of  and  used  in  such  manner  as  the  Legislature  may  pro- 
vide: 

First.  The  Seat  of  Government,  and  the  State  Fair  at  Salt 
Lake  City,  and  the  State  Prison  in  the  County  of  Salt  Lake. 

Second.  The  Institutions  for  the  Deaf  and  Dumb,  and  the 
Blind,  and  the  State  Reform  School  at  Ogden  City,  in  the 
County  of  Weber. 

Third.  The  State  Insane  Asylum  at  Provo  City,  in  the 
County  of  Utah. 

ARTICLE  XX. 

PUBLIC   LANDS. 

SECTION  1.  All  lands  of  the  State  that  have  been,  or  may 
hereafter  be  granted  to  the  State  by  Congress,  and  all  lands 
acquired  by  gift,  grant  or  devise,  from  any  person  or  corpora- 
tion, or  that  may  otherwise  be  acquired,  are  hereby  accepted, 
and  declared  to  be  the  public  lands  of  the  State;  and  shall  be 


41 

held  in  trust  for  the  people,  to  be  disposed  of  as  may  be  pro- 
vided by  law,  for  the  respective  purposes  for  which  they  have 
been  or  may  be  granted,  donated,  devised  or  otherwise  acquired. 

AETICLE  XXI. 

SALARIES. 

SECTION  1.  All  State,  district,  city,  county,  town  and 
school  officers,  excepting  notaries  public,  boards  of  arbitration, 
court  commissioners,  justices  of  the  peace  and  constables,  shall 
be  paid  fixed  and  definite  salaries:  Provided,  That  city  justices 
may  be  paid  by  salary  when  so  determined  by  the  mayor  and 

council  of  such  cities.  '->**ncToit  Library 

SEC.  2.  The  Legislature  shall  provide  by  law,  the  fees 
which  shall  be  collected  by  all  officers  within  the  State.  Not- 
aries public,  boards  of  arbitration,  court  commissioners,  justices 
of  the  peace,  and  constables  paid  by  fees,  shall  accept  said  fees 
as  their  full  compensation.  But  all  other  State,  district,  county, 
city,  town  and  school  officers,  shall  be  required  by  law  to  keep 
a  true  and  correct  account  of  all  fees  collected  by  them,  and  to 
pay  the  same  into  the  proper  treasury,  and  the  officer  whose 
duty  it  is  to  collect  such  fees  shall  be  held  t  responsible  un- 
der his  bond  for  the  same. 

AKT1CLE  XXII. 

MISCELLANEOUS. 

SECTION  1.  The  Legislature  shall  provide  by  law,  for  the 
selection  by  each  head  of  a  family,  an  exemption  of  a  home- 
stead, which  may  consist  of  one  or  more  parcels  of  land,  to- 
gether with  the  appurtenances  and  improvements  thereon,  of 
the  value  of  at  least  fifteen  hundred  dollars,  from  sale  on  execu- 
tion. 

SEC.  2.  Real  and  personal  estate  of  every  female,  acquired 
before  marriage;  and  all  property  to  which  she  may  afterwards 
become  entitled  by  purchase,  gift,  grant,  inheritance  or  devise, 
shall  be  and  remain  the  estate  and  property  of  such  female,  and 
shall  not  be  liable  for  the  debts,  obligations  or  engagements  of 
her  husband,  and  may  be  conveyed,  devised  or  bequeathed  by 
her  as  if  she  were  unmarried. 


42 
AKTICLE  XXIII. 

AMENDMENTS. 

SECTION  1.  Any  amendment  or  amendments  to  this  Con- 
stitution may  be  proposed  in  either  house  of  the  Legislature, 
and  if  two-thirds  of  all  the  members  elected  to  each  of  the  two 
houses,  shall  vote  in  favor  thereof,  such  proposed  amendment 
or  amendments  shall  be  entered  on  their  respective  journals 
with  the  yeas  and  nays  taken  thereon;  and  the  Legislature  shall 
cause  the  same  to  be  published  in  at  least  one  newspaper  in 
every  county  of  the  State,  where  a  newspaper  is  published,  for 
two  months  immediatelv  preceding  the  next  general  election,  at 
which  time  the  said  amendment  or  amendments  shall  be  sub- 
mitted to  the  electors  of  the  State,  for  their  approval  or  rejec- 
tion, and  if  a  majority  of  the  electors  voting  thereon  shall 
approve  the  same,  such  amendment  or  amendments  shall  become 
part  of  this  Constitution.  If  two  or  more  amendments  are  pro- 
posed, they  shall  be  so  submitted  as  to  enable  the  electors  to 
vote  on  each  of  them  separately. 

SEC.  2.  Whenever  two-thirds  of  the  members,  elected  to 
each  branch  of  the  Legislature,  shall  deem  it  necessary  to  call 
a  convention  to  revise  or  amend  this  Constitution,  they  shall 
recommend  to  the  electors  to  vote  at  the  next  general  election 
for  or  against  a  convention,  and,  if  a  majority  of  all  the  electors, 
voting  at  such  election,  shall  vote  for  a  convention,  the  Legisla- 
ture, at  its  next  session,  shall  provide  by  law  for  calling  the 
same.  The  convention  shall  consist  of  not  less  than  the  num- 
ber of  members  in  both  branches  of  the  Legislature. 

SEC.  3.  No  Constitution  or  amendments  adopted  by  such 
convention,  shall  have  validity  until  submitted  to  and  adopted 
by  a  majority  of  the  electors  of  the  State  voting  at  the  next 
general  election. 

ARTICLE  XXIY. 

SCHEDULE. 

SECTION  1.  In  order  that  no  inconvenience  may  arise,  by 
reason  of  the  change  from  a  Territorial  to  a  State  government, 
it  is  hereby  declared  that  all  writs,  actions,  prosecutions,  judg- 
ments, claims  and  contracts,  as  well  of  individuals  as  of  bodies 


43 

corporate,  both  public  and  private,  shall  continue  as  if  no 
change  had  taken  place;  and  all  process  which  may  issue,  under 
the  authority  of  the  Territory  of  Utah,  previous  to  its  admission 
into  the  Union,  shall  be  as  valid  as  if  issued  in  the  name  of  the 
State  of  Utah. 

SEC.  2.  All  laws  of  the  Territory  of  Utah  now  in  force, 
not  repugnant  to  this  Constitution,  shall  remain  in  force 
until  they  expire  by  their  own  limitations,  or  are  altered  or 
repealed  by  the  Legislature.  The  act  of  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah,  entitled,  "An 
Act  to  punish  polygamy  and  other  kindred  offenses,"  approved 
February  4th,  A.  D.  1892,  in  so  far  as  the  same  defines  and  im- 
poses penalties  for  polygamy,  is  hereby  declared  to  be  in  force 
in  the  State  of  Utah. 

SEC.  3.  Any  persons,  who,  at  the  time  of  the  admission  of 
the  State  into  the  Union,  may  be  confined  under  lawful  commit- 
ments, or  otherwise  lawfully  held  to  answer  for  alleged  viola- 
tions of  any  of  the  criminal  laws  of  the  Territory  of  Utah,  shall 
continue  to  be  so  held  or  confined,  until  discharged  therefrom 
by  the  proper  courts  of  the  State. 

SEC.  4.  All  fines,  penalties  and  forfeitures  accruing  to  the 
Territory  of  Utah,  or  to  the  people  of  the  United  States  in  the 
Territory  of  Utah,  shall  inure  to  this  State,  and  all  debts,  liabil- 
ities and  obligations  of  said  Territory,  shall  be  valid  against  the 
State,  and  enforced  as  may  be  provided  by  law. 

SEC.  5.  All  recognizances  heretofore  taken,  or  which  may 
be  taken  before  the  change  from  a  Territorial  to  a  State  gov- 
ernment, shall  remain  valid,  and  shall  pass  to  and  be  prosecuted 
in  the  name  of  the  State;  and  all  bonds  executed  to  the  Gov- 
ernor of  the  Territory,  or  to  any  other  officer  or  court  in  his  or 
their  official  capacity,  or  to  any  official  board  for  the  benefit  of 
the  Territory  of  Utah,  or  the  people  thereof,  shall  pass  to  the 
Governor  or  other  officer,  court  or  board,  and  his  or  their  suc- 
cessors in  office,  for  the  uses  therein,  respectively  expressed, 
and  may  be  sued  on,  and  recovered,  accordingly.  Assessed 
taxes  and  all  revenue,  property,  real,  personal  or  mixed,  and  all 
judgments,  bonds,  specialties,  choses  in  action,  claims  and  drl>ts. 
of  whatsoever  description;  and  all  records  and  public  archives 
of  the  Territory  of  Utah,  shall  issue  and  vest  in  the  State  of 
Utah,  and  may  be  sued  for  and  recoveced,  in  the  same  manner, 


44 

and  to  the  same  extent  by  the  State  of  Utah,  as  the  same  could 
have  been  by  the  Territory  of  Utah;  and  all  fines,  taxes,  penal- 
ties and  forfeitures,  due  or  owing  to  any  county,  municipality 
or  school  district  therein,  at  the  time  the  State  shall  be  admit- 
ted into  the  Union,  are  hereby  respectively  assigned  and  trans- 
ferred, and  the  same  shall  be  payable  to  the  county,  municipal- 
ity or  school  district,  as  the  case  may  be,  and  payment  thereof 
be  enforced  under  the  laws  of  the  State. 

SEC.  6.  All  criminal  prosecutions,  and  penal  actions, 
which  may  have  arisen,  or  which  may  arise  before  the  change 
from  a  Territorial  to  a  State  Government,  and  which  shall  then 
be  pending,  shall  be  prosecuted  to  judgment  and  execution  in 
the  name  of  the  State,  and  in  the  court  having  jurisdiction 
thereof.  All  offenses  committed  against  the  laws  of  the  Terri- 
tory of  Utah,  before  the  change  from  a  Territorial  to  a  State 
government,  and  which  shall  not  have  been  prosecuted  before 
such  change,  may  be  prosecuted  in  the  name,  and  by  the  author- 
ity of  the  State  of  Utah,  with  like  effect  as  though  such  change 
had  not  taken  place,  and  all  penalties  incurred  shall  remain  the 
same,  as  if  this  Constitution  had  not  been  adopted. 

SEC.  7.  All  actions,  cases,  proceedings  and  matters,  pend- 
ing in  the  Supreme  and  District  Courts  of  the  Territory  of 
Utah,  at  the  time  the  State  shall  be  admitted  into  the  Union,  and 
all  files,  records  and  indictments  relating  thereto,  except  as  other- 
wise provided  herein,  shall  be  appropriately  transferred  to  the 
Supreme  and  District  Courts  of  the  State  respectively;  and 
thereafter  all  such  actions,  matters  and  cases,  shall  be  pro- 
ceeded with  in  the  proper  State  courts.  All  actions,  cases,  pro- 
ceedings and  matters  which  shall  be  pending  in  the  District 
Courts  of  the  Territory  of  Utah,  at  the  time  of  the  admis- 
sion of  the  State  into  the  Union,  whereof  the  United  States 
Circuit  or  District  Courts  might  have  had  jurisdiction  had  there 
been  a  State  government  at  the  time  of  the  commencement 
thereof  respective iy,  shall  be  transferred  to  the  proper  United 
States  Circuit  and  District  .Courts  respectively;  and  all  files, 
records,  indictments  and  proceedings  relating  thereto,  shall  be 
transferred  to  said  United  States  Courts:  Provided,  That  no- 
civil  actions,  other  than  causes  and  proeeedings  of  which  the 
said  United  States  courts  shall  have  exclusive  jurisdiction,  shall 
be  transferred  to  either  of  said  United  States  Courts  except 


45 

upon  motion  or  petition  by  one  of  the  parties  thereto,  made 
under  and  in  accordance  with  the  act  or  acts  of  the  Congress  of 
the  United  States,  and  such  motion  and  petition  not  being 
made,  all  such  cases  shall  be  proceeded  with  in  the  proper 
State  courts. 

SEC.  8.  Upon  a  change  from  Territorial  to  State  govern- 
ment, the  seal  in  use  by  the  Supreme  Court  of  the  Territory  of 
Utah,  until  otherwise  provided  by  law,  shall  pass  to  and  be- 
come the  seal  of  the  Supreme  Court  of  the  State,  and  the  sev- 
eral District  Courts  of  the  State  may  adopt  seals  for  their  re- 
spective courts,  until  otherwise  provided  by  law. 

SEC.  9.  When  the  State  is  admitted  into  the  Union,  and 
the  District  Courts  in  the  respective  districts  are  organized,  the 
books,  records,  papers  and  proceedings  of  the  probate  court  in 
each  county,  and  all  causes  and  matters  of  administration  pend- 
ing therein,  upon  the  expiration  of  the  term  of  office  of  the  Pro- 
bate Judge,  on  the  second  Monday  in  January,  1896,  shall  pass 
into  the  jurisdiction  and  possession  of  the  District  Court,  which 
shall  proceed  to  final  judgment  or  decree,  order  or  other  deter- 
mination in  the  several  matters  and  causes,  as  the  Territorial 
Probate  Court  might  have  done,  if  this  Constitution  had  not 
been  adopted.  And  until  the  expiration  of  the  term  of  office  of 
the  Probate  Judges,  such  Probate  Judges  shall  perform  the 
duties  now  imposed  upon  them  by  the  laws  of  the  Territory. 
The  District  Court  shall  have  appellate  and  revisory  jurisdic- 
tion over  the  decisions  of  the  Probate  Courts,  as  now  provided 
by  law,  until  such  latter  courts  expire  by  limitation. 

SEC.  10.  All  officers,  civil  and  military,  now  holding  their 
offices  and  appointments  in  this  Territory  by  authority  of  law, 
shall  continue  to  hold  and  exercise  their  respective  offices  and 
appointments,  until  supe reeded  under  this  Constitution:  /'/•</- 
vided,  That  the  provisions  of  this  section  shall  be  subject  to 
the  provisions  of  the  Act  of  Congress,  providing  for  the  ad- 
mission of  the  State  of  Utah,  approved  by  the  President  of  the 
United  States  on  July  16th,  1894. 

SEC.  11.  The  election  for  the  adoption  or  rejection  of  this 
Constitution,  and  for  State  officers  herein  provided  for,  shall 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, 1895,  and  shall  be  conducted  according  to  the  laws  of  the 
Territory  and  the  provisions  of  the  Enabling  Act;  tin*  votes 


46 

cast  at  said  election  shall  be  canvassed,  and  returns  made,  in 
the  same  manner  as  was  provided  for  in  the  election  for  dele- 
gates to  the  Constitutional  Convention. 

Provided,  That  all  male  citizens  of  the  United  States,  over 
the  age  of  twenty-one  years,  who  have  resided  in  the  Ter- 
ritory for  one  year  prior  to  such  election,  are  hereby 
authorized  to  vote  for  or  against  the  adoption  of  this  Constitu- 
tion, and  for  the  State  Officers  herein  provided  for.  The  re- 
turns of  said  election  shall  be  made  to  the  Utah  Commission, 
who  shall  cause  the  same  to  be  canvassed,  and  shall  certify  the 
result  of  the  vote  for  or  against  the  Constitution,  to  the  Presi- 
dent of  the  United  States,  in  the  manner  required  by  the  En- 
abling Act ;  and  said  Commission  shall  issue  certificates  of 
election  to  the  persons  elected  to  said  offices  severally,  and 
shall  make  and  file  with  the  Secretary  of  the  Territory,  an 
abstract,  certified  to  by  them,  of  the  number  of  votes  cast  for 
each  person  for  each  of  said  offices,  and  of  the  total  number 
of  votes  cast  in  each  county. 

SEC.  12.  The  State  officers  to  be  voted  for  at  the  time  of 
the  adoption  of  this  Constitution,  shall  be  a  Governor,  Secre- 
tary of  State,  State  Auditor,  State  Treasurer,  Attorney  General, 
Superintendent  of  Public  Instruction,  members  of  the  Senate 
and  House  of  Representatives,  three  Supreme  Judges,  nine 
District  Judges,  and  a  Representative  to  Congress. 

SEC.  13.  In  case  of  a  contest  of  election  between  candi- 
dates, at  the  first  general  election  under  this  Constitution,  for 
Judges  of  the  District  Courts,  the  evidence  shall  be  taken  in 
the  manner  prescribed  by  the  Territorial  laws,  and  the  testi- 
mony so  taken  shall  be  certified  to  the  Secretary  of  State,  and 
said  officer,  together  with  the  Governor  and  the  Treasurer  of 
the  State,  shall  review  the  evidence,  and  determine  who  is 
entitled  to  the  certificate  of  election. 

SEC.  14.  This  Constitution  shall  be  submitted  for  adop- 
tion or  rejection,  to  a  vote  of  the  qualified  electors  of  the  pro- 
t>osed  State,  at  the  general  election  to  be  held  on  the  Tuesday 
next  after  the  first  Monday  in  November,  A.  D.  1895.  At  the 
said  election  the  ballot  shall  be  in  the  following  form : 

For  the  Constitution.     Yes.     No. 

As  a  heading  to  each  of  said  ballots  there  shall  be  printed 
on  each  ballot  the  following  Instructions  to  Voters: 


47 

All  persons  desiring  to  vote  for  the  Constitution  must  erase 
the  word  "  No." 

All  persons  desiring  to  vote  against  the  Constitution  must 
erase  the  word  "  Yes." 

SEC.  15.  The  Legislature,  at  its  first  session,  shall  provide 
for  the  election  of  all  officers,  whose  election  is  not  provided 
for  elsewhere  in  this  Constitution,  and  fix  the  time  for  the 
commencement  and  durations  of  their  terms. 

SEC.  16.  The  provisions  of  this  Constitution  shall  be  in 
force  from  the  day  on  which  the  President  of  the  United  States 
shall  issue  his  proclamation,  declaring  the  State  of  Utah  ad- 
mitted into  the  Union;  and  the  terms  of  all  officers  elected  at 
the  first  election  under  the  provisions  of  this  Constitution, 
shall  commence  on  the  first  Monday,  next  succeeding  the  issue 
of  said  proclamation.  Their  terms  of  office  shall  expire  when 
their  successors  are  elected  and  qualified  under  this  Constitu- 
tion. 

Done  in  Convention  at  Salt  Lake  City,  in  the  Territory  of 
Utah,  this  eighth  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  ninety-five,  and  of  the  Independ- 
ence of  the  United  States  the  one  hundred  and  nineteenth. 

JOHN  HENRY  SMITH, 
Attest:  President. 

PARLEY  P.  CHEISTENSEN, 

Secretary. 

Louis  BERNHARDT  ADAMS,  Louis  LAVILLE  CORAY, 

KUFUS  ALBERN  ALLEN,  ELMER  ELLSWORTH  CORFMAN, 

ANDREW  SMITH  ANDERSON,  CHARLES  CRANE, 

JOHN  EICHARD  BARNES,  WILLIAM  CREER, 

JOHN  KUTLEDGE  BOWDLE,  GEORGE  CUNNINGHAM, 

JOHN  SELL  BOYER,  ARTHUR  JOHN  CUSHING, 

THEODORE  BRANDLEY,  WILLIAM  DRIVER, 

HERBERT  GUION  BUTTON,  DENNIS  CLAY  EICHNOR, 

WILLIAM  BUYS,  ALMA  ELDREDGE, 

CHESTER  CALL,  GEORGE  RHODES  EMERY, 

GEORGE  MOUSLEY  CANNON,  ANDREAS  ENGBERG,  - 

JOHN  FOY  CHIDESTER,  DAVID  EVANS, 

PARLEY  CHRISTIANSEN,  ABEL  JOHN  EVANS, 

THOMAS  H.  CLARK,  JR.,  LORIN  FARR, 


48 


SAMUEL  FRANCIS, 
WILLIAM  HENRY  GIBBS, 
CHARLES  CAEROL  GOODWIN, 
JAMES  FREDERIC  GREEN, 
FRANCIS  ASBURY  HAMMOND, 
CHARLES  HENRY  HART, 
HARRY  HAYNES, 
JOHN  DANIEL  HOLLADAY, 
EGBERT  W.  HEYBORNE, 
SAMUEL  HOOD  HILL, 
WILLIAM  HOWARD, 
HENRY  HUGHES, 
JOSEPH  ALONZO  HYDE, 
ANTHONY  WOODWARD  IVINS, 
WM.  F.  JAMES, 
LYCURGUS  JOHNSON, 
JOSEPH  LOFTIS  JOLLEY, 
FREDERICK  JOHN  KIESEL, 
DANIEL  KEITH, 
THOMAS  KEARNS, 
WILLIAM  JASPER  KERR, 
ANDREW  KIMBALL, 
JAMES  NATHANIEL  KIMBALL, 
RICHARD  G.  LAMBERT, 
LAURITZ  LARSEN, 
CHRISTEN  PETER  LARSEN, 
HYRUM  LEMMON, 
THEODORE  BELDEN  LEWIS, 
WILLIAM  LOWE, 
PETER  LOWE, 
JAMES  PATON  Low, 
ANTHONY  CANUTE  LUND, 
KARL  G.  MAESER, 
RICHARD  MACKINTOSH, 
THOMAS  MALONEY, 
WILLIAM  H.  MAUGHN, 
ROBERT  MCFARLAND, 
GEO.  P.  MILLER, 
ELIAS  MORRIS, 
JACOB  MORITZ, 


JOHN  RIGGS  MURDOCK, 
JOSEPH  ROYAL  MURDOCK, 
JAMES  DAVID  MURDOCK, 
AQUILLA  NEBEKER, 
JEREMIAH  DAY  PAGE, 
EDWARD  PARTRIDGE, 
J.  D.  PETERS, 
MONS  PETERSON, 
JAMES  CHRISTIAN  PETERSON, 
FRANKLIN  PIERCE, 
WM.  B.  PRESTON, 
ALONZO  HAZELTON  RALEIGH, 
FRANKLIN  SNYDER  RICHARDS, 
JOEL  RICKS, 

BRIGHAM  HENRY  ROBERTS, 
JASPER  ROBERTSON, 
JOSEPH  ELDRIDGE  ROBINSON, 
WILLIS  EUGENE  ROBISON, 
GEORGE  RYAN, 
JOHN  HENRY  SMITH, 
GEORGE  B.  SQUIRES, 
WILLIAM  GILSON  SHARP, 
HARRISON  TUTTLE  SHURTLIFF, 
EDMUND  HUNTER  SNOW, 
HYRUM  HUPP  SPENCER, 
DAVID  BRAINERD  STOVER, 
CHARLES  NETTLETON  STREVELL, 
CHARLES  WILLIAM  SYMONS, 
DANIEL  THOMPSON, 
MOSES  THATCHER, 
INGWALD  CONRAD  THORESEN, 
JOSEPH  EPHRAIM  THORNE, 
SAMUEL  R.  THURMAN, 
WILLIAM  GRANT  VAN  HORNE, 
CHARLES  STETSON  YARIAN, 
HEBER  M.  WELLS, 
NOBLE  WARRUM,  JR., 
ORSON  FERGUSON  WHITNEY, 
JOSEPH  JOHN  WILLIAMS. 


Binder 
Gaylord  Bros. 

Makers 
Stockton,  Calif. 

PAT.  JAN  21    1908 


*& 


